The Last Paycheck
26 M.R.S. § 626 — paid in full by the next payday, unused vacation included
An employee who leaves, by quitting or otherwise, is paid in full no later than the next established payday. Where the job came with paid vacation, vacation pay on leaving has the same status as wages earned.
Who handles this in Maine: Maine Department of Labor, Labor Standards; and legal aid programs and the state offices, listed in the Maine directory.
Unused vacation. All unused paid vacation accrued under the employer's policy on and after January 1, 2023 is paid on leaving, unless the employer has 10 or fewer employees or is a public employer, or a union contract says otherwise.
- Only overpayment the law allows, and a loan or advance the employee signed for in writing, may come out of the final pay.
- In a suit for unpaid wages, the employer may not set off damage the employee supposedly did or money supposedly owed.
- An employer found in violation owes the unpaid wages and vacation pay, interest, twice that amount again as liquidated damages, and costs with a reasonable attorney's fee.
Sources for this section (1)
- 26 M.R.S. § 626 — Cessation of employment
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.