Whether the nanny is fired (involuntary separation, termination or discharge) or resigns (quits) voluntarily, state rules define how quickly the employer must give the final paycheck. Below is a state by state summary of separation payment rules as they apply to household employees.*
May 2019
You MAY NOT withhold the final paycheck pending the return of items such as house keys, garage door openers, or car seats. The household employee must be paid for all work done. However, you CAN withhold severance IF you and your employee had a written work agreement AND you had a clause where nanny agreed to return these items before receipt of severance pay.
| STATE | PAYMENT ON DISCHARGE | PAYMENT ON RESIGNATION |
| AL | ||
| AK | within 3 working days | next regular pay day |
| AZ | within 7 working days or next pay day, which ever first. | next regular pay day |
| AR | next regular pay day | next regular pay day |
| CA | immediately | 72 hours if employee quits; at time employment ends if 72 hours or more advanced notice |
| CO | immediately or next regular business day if immediate payment is impossible | next regular pay day |
| CT | next regular business day | next regular pay day |
| DE | next regular pay day | next regular pay day |
| DC | next regular business day | next regular pay day or 7 days, whichever is sooner |
| FL | ||
| GA | ||
| HI | immediately or next regular business day if immediate payment is impossible | next regular pay day |
| ID | 48 hours upon employee written demand, or next regular pay day, not greater than 10 days | next regular pay day, not greater than 10 days or 48 hours upon employee written demand |
| IL | next regular pay day | next regular pay day |
| IN | next regular pay day | next regular pay day |
| IA | next regular pay day | next regular pay day |
| KS | next regular pay day | next regular pay day |
| KY | next regular pay day or within 14 days, whichever is later | next regular pay day or within 14 days, whichever is later |
| LA | next regular pay day, not to exceed 15 days | next regular pay day, not to exceed 15 days |
| ME | next regular pay day, not to exceed 14 days | next regular pay day, not to exceed 14 days |
| MD | next regular pay day | next regular pay day |
| MA | immediately | next regular pay day |
| MI | next regular pay day | next regular pay day |
| MN | immediately | next regular pay day |
| MS | ||
| MO | immediately or within 7 days if employee requested direct deposit | |
| MT | immediately or next regular pay day if employer has written policy, not to exceed 15 days | next regular pay day, not to exceed 15 days |
| NE | next regular pay day, not to exceed 14 days | next regular pay day, not to exceed 14 days |
| NV | immediately | next regular pay day, not to exceed 7 days |
| NH | within 72 hours, or for layoff/lack of work next regular pay day | next regular pay day |
| NJ | next regular pay day | next regular pay day |
| NM | within 5 days | next regular pay day |
| NY | next regular pay day | next regular pay day |
| NC | next regular pay day | next regular pay day |
| ND | next regular pay day, not to exceed 15 days | next regular pay day |
| OH | no later than 1st day of month for wages earned first half of prior month; no later than 15th day of the month for wages earned in the second half of the prior month | |
| OK | next regular pay day | next regular pay day |
| OR | no later than end of the first business day after termination | next regular pay day or within 5 days, whichever is earlier |
| PA | next regular pay day | next regular pay day |
| PR | next regular pay day | next regular pay day |
| RI | next regular pay day | next regular pay day |
| SC | within 48 hours on demand or next regular pay day, not to exceed 30 days | |
| SD | no later than next regular pay day OR as soon as employees return all employer property | no later than next regular pay day OR as soon as employees return all employer property |
| TN | within 21 days or next regular pay day, whichever occurs last | within 21 days or next regular pay day, whichever occurs last |
| TX | within 6 days | next regular pay day |
| UT | within 24 hours | next regular pay day |
| VT | within 72 hours | next regular pay day |
| VA | next regular pay day | next regular pay day |
| WA | next regular pay day | next regular pay day |
| WV | next regular pay day | next regular pay day |
| WI | next regular pay day or within 30 days, whichever is earlier | next regular pay day |
| WY | within 5 working days | within 5 working days |
* There are additional rules for commission and piece rate or task rate compensated employees and employees covered by a collective bargaining agreement. This list applies to household workers, who are legally non-exempt, hourly employees.
Other helpful information:
» Transitions: Firing the Nanny
» Blog: Attorney Bob King discusses return of family property.