Under Louisiana law, when you quit or are fired, your employer must pay all wages you are owed by the next regular payday or within 15 days of your separation, whichever comes first. This single deadline, set by Louisiana Revised Statutes 23:631, applies the same way whether you resigned, were laid off, or were terminated. Unlike many states that give a faster deadline for fired workers, Louisiana uses one rule for everyone: the sooner of the next scheduled payday or 15 calendar days after your last day. If the employer misses that window and you demand your pay, the law allows substantial penalty wages on top of what you are owed.
The core Louisiana rule: next payday or 15 days
Louisiana R.S. 23:631 governs the timing of final pay. The statute requires an employer, upon the discharge or resignation of an employee, to pay the amount then due under the terms of employment either on or before the next regular payday or no later than 15 days following the date of discharge or resignation, whichever occurs first. The payment must be made at the place and in the manner the employee was normally paid, or it may be mailed if the employee requests.
Because Louisiana applies the same standard to both quitting and being fired, you do not need to figure out which category you fall into. The deadline is driven entirely by your normal pay schedule and the 15-day backstop. For example, if you are paid on the 1st and 15th and you separate on the 2nd, your next regular payday (the 15th) is within 15 days, so that becomes the deadline. If your next payday is more than 15 days out, the 15-day limit controls.
What counts as "wages then due"
Your final check must include all earned wages for hours worked, including any earned commissions and other compensation that is fixed and determinable at the time of separation. "Wages" under this part of Louisiana law means the amount due under the terms of employment, whether calculated hourly, by salary, by piece, by commission, or otherwise.
Disputed amounts are treated differently. If there is a genuine, good-faith dispute over part of what you claim, the employer is still required to pay the undisputed portion on time. The employer cannot hold back everything just because it contests one piece of your claim.
Unused vacation and PTO
Louisiana does not require employers to provide paid vacation in the first place. However, R.S. 23:631(D) addresses what happens to vacation that has already accrued. Under that subsection, when an employee is separated and is eligible for accrued vacation under the employer's policy, that accrued, unused vacation is considered wages and must be paid out with the final check. The key qualifier is the employer's own written policy: the law lets an employer define eligibility and conditions for earning vacation. An employer may lawfully maintain a clear "use-it-or-lose-it" policy or set conditions on payout, and if its policy plainly states that unused vacation is forfeited under certain circumstances, that policy can control. What an employer cannot do is take vacation that you have already validly earned and eligible to receive under its own stated terms. Sick leave and general PTO are governed by the employer's policy and are not automatically owed unless the policy or your employment terms make them payable.
Penalty wages for a late final check
Louisiana has one of the more significant late-pay penalty provisions in the country, found at R.S. 23:632. If an employer fails to pay on time after the employee makes a demand for payment, the employer may be liable for penalty wages equal to 90 days of wages at the employee's daily rate of pay, or full wages from the date of demand until the employer pays, whichever amount is less. In addition, a court that awards back wages must award reasonable attorney fees if the employee files a well-founded suit, even if some of the penalty wages are not granted.