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California PTO Payout Calculator

State Labor Laws Last Reviewed: June 2026
Bottom Line Up Front (BLUF) Payout Required

Yes. Under California labor laws ( California Labor Code § 227.3 ), earned vacation time is considered wages, and employers are legally required to pay out all accrued, unused PTO upon separation.

Source: California Department of Labor / Wage Guidelines
📖 In-Depth Guide: Read our complete breakdown of California PTO Payout Law (2026) .
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How are you paid?

$

Your full pay before taxes are taken out

Most full-time jobs are 40

That works out to $31.25 per hour

How many PTO hours you have left. Check your latest pay stub.

This changes the legal advice below, not the dollar amount.

Estimated Final Separation Pay

Gross Value of Earned Vacation Time

$2,500.00

80 hrs × $31.25/hr


Federal tax (22.0%)-$550.00
California tax (10.2%)-$255.75
FICA (7.65%)-$191.25
Total tax-$997.00

What you actually take home

$1,503.00

39.9% of your accrued time off goes to taxes

Tax39.9%
Net take-home
Federal tax
State tax
FICA
Payout Required

All accrued vacation is earned wages in California. Use-it-or-lose-it policies are illegal and unused PTO must be paid at the final rate of pay upon separation.

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What this means for you

In California, unused PTO counts as earned wages. Your employer has to pay it out no matter how you leave — whether you quit, were fired, or were laid off.

Estimates only. Tax withholding may differ based on your full-year income, filing status, and deductions. Consult a tax professional for exact figures.

Disclaimer: Calculations are based on the 2026 IRS Supplemental Wage Rate (22% flat federal withholding) and current state labor department guidelines. Always consult an employment attorney for binding legal disputes.

Disclaimer: These figures are automated estimates for informational and educational use under current labor guidelines. This calculator does not process binding tax or legal withholding, and does not constitute formal accounting or employment law advice. Always verify final calculations with your local labor department or a qualified legal expert.

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Estimates only. PTO payout rights and tax withholding vary by state, employer policy, and individual circumstances. This is not legal, tax, or financial advice. Consult your state labor department or a qualified professional. See our methodology.

Researched & maintained by The PTO Payout Research Team Primary sources verified June 11, 2026 4.9/5 platform rating

California 2026 Final Paycheck Regulations

Under California Labor Code Section 201 and 203, final paychecks must be delivered immediately upon involuntary termination (fired or laid off) or within 72 hours of voluntary resignation (unless 72 hours' notice is provided, in which case it is due on the last day). California's minimum wage is set at $16.90 per hour for 2026. Unused accrued vacation and PTO are classified as earned wages under California law and must be paid out in full at separation. Use-it-or-lose-it policies are strictly prohibited. Late payouts trigger waiting time penalties equal to one day of pay for each day late, capped at a maximum of 30 days.

How much is a PTO payout in California?

Your California PTO payout equals accrued unused hours × your hourly rate. Payout is required by law . Expect 22% federal withholding, about 10.2% California tax , and 7.65% FICA.

California PTO payout law, in plain English

California separation laws under Labor Code Section 227.3 mandate that all accrued, unused vacation time must be paid to the employee as wages at their final rate of pay. Since accrued vacation is considered vested wages, 'use-it-or-lose-it' policies that cause forfeiture of earned hours are strictly prohibited. These separation rules apply to resignation, layoff, and termination alike.

Reference: California Labor Code § 227.3. Use-it-or-lose-it policies are not allowed in California, and the statute of limitations for unpaid-wage claims is 3 years .

Caps, accrual rollover & penalties

Because California treats accrued vacation as earned wages, employers cannot impose use-it-or-lose-it forfeiture on already-earned time. Caps may limit future accrual but cannot erase time already earned, and late final pay can trigger wage penalties.

What this means for employees

Under California labor laws, your accrued PTO is considered earned wages. This means when you leave your job, your employer is legally required to pay you for any unused vacation time. Before you depart, make sure to request your exact PTO hours from HR. Your payout will be treated as supplemental wages and taxed accordingly: expect a flat 22% federal withholding, FICA (7.65%), and an estimated 10.2% California state tax. If you notice an error in your payout, you can file a formal claim referencing California Labor Code § 227.3. Be sure to use the calculator above to verify your net take-home pay, as employers frequently make errors when calculating final wages.

What this means for employers

In California, "use-it-or-lose-it" policies are strictly prohibited. Accrued vacation is legally classified as wages, meaning any earned time cannot be forfeited and must be paid out in full upon termination. Ensure you calculate the final payout at the employee's standard hourly rate. When processing the final paycheck, apply the flat 22% federal supplemental tax, FICA, and the 10.2% California state tax rate. Keep a detailed copy of this calculation in the employee's payroll records to avoid wage disputes.

How to calculate your California PTO payout

To calculate your California payout: first, convert your annual salary to an hourly rate by dividing it by 2,080 hours (or use your regular hourly rate). Next, multiply this hourly rate by your accrued unused hours to find your gross payout. Finally, subtract federal (22%), FICA (7.65%), and California state tax (10.2%) to estimate your net take-home pay.

Official California Wage Claim Resources

If you are denied your legal PTO payout or have wage disputes under state labor codes, you can contact the official agency below:

California PTO payout FAQ

Does California require PTO payout when you quit or are fired? +

In California, PTO payout is legally required — accrued vacation is treated as earned wages and must be paid at separation. Reference: California Labor Code § 227.3.

Are use-it-or-lose-it policies legal in California? +

Use-it-or-lose-it policies are not allowed in California.

How much tax is taken from a PTO payout in California? +

PTO payouts are supplemental wages: 22% federal withholding, an estimated 10.2% California supplemental rate, and 7.65% FICA.