How to Write a Letter Demanding Your Final Paycheck

Use the free tool — Final Pay & COBRA Clock FL

Florida Has No Final-Paycheck Law

If you searched for a deadline your employer must meet in Florida, you won't find one — Florida has no final-paycheck statute. That doesn't mean nothing applies. It means the rules that do apply come from federal law and from your employer's own written policy, not from a Florida deadline.

What Actually Applies to Your Timing

The federal Fair Labor Standards Act (FLSA) has a "next regular payday" rule. In plain terms: you should be paid what you're owed by the normal payday for the pay period you worked, even after you've left. There is no separate, faster Florida rule layered on top of that.

What About Unused PTO or Vacation?

This is the part most people get wrong. Whether unused PTO is owed to you when you leave a Florida job depends on your employer's own written policy — not on a state law, because Florida doesn't have one requiring PTO payout. Before you write your letter, find your employer's written policy (handbook, offer letter, or benefits document) and see what it actually says about payout at separation.

What to Put in Your Letter

A request letter to payroll should be plain and factual. Consider including:

Your last day worked and how you left (resignation, layoff, termination — describe it accurately).
The pay period and your normal payday, so you can point to the FLSA "next regular payday" timing.
What you believe you're owed — final wages, and PTO if your written policy supports a payout.
A request for your COBRA election notice, since federal COBRA rules (29 U.S.C. 1161–1169; 29 CFR 2590.606) require this notice and give you a 60-day election window once you receive it.
A reasonable date by which you'd like a response.

Keep a copy of anything you send, and keep the envelope or email your employer's COBRA notice arrives in — the real 60-day clock runs from that notice, not from your last day of work.

If You Aren't Paid

If your final pay doesn't show up by your normal payday and your employer isn't responding, the U.S. Department of Labor's Wage and Hour Division handles unpaid-wage questions and is free to contact: 1-866-487-9243.

What to Do Next

This page explains the general rules in plain language, but it can't read your actual handbook, pay stubs, or COBRA notice. The free Final Pay & COBRA Clock FL tool does that: describe your last day, how you left, your pay schedule, your PTO policy, and your health plan, and it computes your actual FLSA payday, walks through whether PTO is likely owed under your policy, calculates your real COBRA notice and 60-day election windows, works out the premium math against the marketplace special-enrollment alternative, and drafts a request letter to payroll — in English or Spanish. It is not legal, tax, or benefits advice, and it doesn't file anything for you — confirm your specific situation with your employer, your plan administrator, or a professional.

Use the free tool

Final Pay & COBRA Clock FL is an informational tool based on the FLSA, COBRA (29 U.S.C. 1161–1169; 29 CFR 2590.606), the ACA special-enrollment rules, and Florida Statutes 448.08 as of 2025–26. It is not legal, tax or benefits advice and does not file anything. Plan-specific deadlines are in the plan's notices. It is not affiliated with any employer, insurer or agency.