Depends on employer policy

New Hampshire leaves PTO payout to your employer

Last updated July 31, 2026 · sourced from the New Hampshire labour department and the US Department of Labor

Does New Hampshire require PTO payout?

Not automatically. New Hampshire has no law forcing employers to pay out unused PTO, so it comes down to your written policy or contract. If the policy promises payout, that promise is enforceable as wages. The controlling authority is N.H. Rev. Stat. § 275:43.

Payout at separation

Depends on employer policy

If you resign

Next regular payday; within 72 hours if employee gave at least one pay period's notice

If you are fired

Within 72 hours of termination

How New Hampshire treats accrued PTO

New Hampshire does not mandate PTO payout. The payout obligation depends on the employer's written policy or contract. If the employer has a policy that promises payout, it must be honored.

Authority: N.H. Rev. Stat. § 275:43

Your other New Hampshire entitlements

PTO payout is one line on your final payslip. These are the other New Hampshire rules that change what that payslip should total.

Paid sick leave
New Hampshire has no state paid sick leave mandate, so sick time is whatever your employer offers, and it is separate from the vacation balance discussed above. New Hampshire has no state paid sick leave law. Check your employer's policy. Check your sick leave balance .
Minimum wage
The New Hampshire minimum wage is $7.25/hr , at the federal $7.25 (effective July 24, 2009). Your PTO payout is paid at your own rate of pay, not the minimum, but the minimum is the floor below which no hour may be paid. New Hampshire minimum wage details .
Overtime
New Hampshire pays overtime at 1.5x after 40 hours in a week . Unpaid overtime is often owed alongside unpaid PTO, so it is worth checking both before you sign anything. Calculate your overtime .

Work out what New Hampshire owes you

Enter your salary and unused days to get the gross figure, plus an estimate after withholding, in a format you can paste into an email to HR.

Open the PTO payout calculator
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Sources for this page

Data sourced from official state labor department websites and the US Department of Labor (dol.gov). Last updated: July 2026. Calculator results are estimates for informational purposes only. For disputes involving unpaid wages or wrongful termination, consult a licensed employment attorney in your state.

How we source this →

Frequently Asked Questions

Does New Hampshire require employers to pay out unused PTO?
Not automatically. New Hampshire has no law forcing employers to pay out unused PTO, so it comes down to your written policy or contract. If the policy promises payout, that promise is enforceable as wages. The controlling authority is N.H. Rev. Stat. § 275:43.
When must my final paycheck arrive in New Hampshire if I quit?
If you resign in New Hampshire, the deadline is: Next regular payday; within 72 hours if employee gave at least one pay period's notice. If you are fired or laid off instead, the deadline is: Within 72 hours of termination. Any PTO your employer owes you should be included in that payment rather than sent separately later.
What can I do if my New Hampshire employer will not pay?
Put the request in writing first, citing the amount and how you calculated it, because a dated written demand matters if you escalate. If that fails you can file a wage claim with the New Hampshire labour agency. New Hampshire does not attach a specific statutory late penalty in our dataset, so the claim is for the wages owed.
Can New Hampshire employers use "use it or lose it" PTO policies?
Generally yes, provided the policy is in writing and was communicated to you. New Hampshire does not treat accrued PTO as protected wages in every case, so a clearly disclosed forfeiture or year-end reset can be enforced. An undisclosed or ambiguous policy is much weaker.
Is a PTO payout taxed differently in New Hampshire?
No. A PTO payout is ordinary wages, so it is subject to federal income tax withholding, Social Security at 6.2%, Medicare at 1.45%, and any New Hampshire state income tax. Employers often withhold federal tax at the 22% supplemental wage rate on a lump sum, which can make the payout look more heavily taxed than your normal cheque; it evens out when you file.

PTO payout in other states

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Related Tools

Calculate what you are owed →New Hampshire minimum wage 2026 →When is your final paycheck due? →All PTO payout laws by state →

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