Delaware Final Paycheck and Pay Frequency Laws (2026)
Last updated: 2026-10-12 · Rules checked against Delaware's statutes and labor agency on 2026-10-03
In Delaware, a final paycheck for an employee who is fired or laid off is due by the later of the next regular payday or 3 business days after the last day worked (same for layoffs). If the employee quits: same rule: the later of the next regular payday or 3 business days after the last day worked. Pay frequency: Delaware employers must pay at least once a month on regular paydays set in advance, within 7 days after the pay period closes.
Delaware final paycheck law
- Fired or laid off
- By the later of the next regular payday or 3 business days after the last day worked (same for layoffs).
- Quits
- Same rule: the later of the next regular payday or 3 business days after the last day worked.
- Final-pay source
- 19 Del. C. § 1103
14 states require final pay immediately or within about three days of a firing (California, Colorado, Connecticut, District of Columbia, Hawaii, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, Oregon, Utah and Vermont); most others allow the next regular payday. Final wages include all earned pay; whether unused vacation must be paid out is a separate state rule.
How often Delaware employers must pay
Delaware employers must pay at least once a month on regular paydays set in advance, within 7 days after the pay period closes.
- All employeesWeekly (allowed)Biweekly (allowed)Semimonthly (allowed)Monthly (allowed)
Green: allowed. Amber: allowed only if a condition is met. Struck through: not allowed without approval.
- Rule
- At least monthly
- Salaried / exempt staff
- Same rule as other employees.
- Payday deadline after the pay period
- Wages are due within 7 days after the pay period closes; if payday is a non-work day, pay on the work day before. With pay periods of 16 days or less and payday on or before the period's last day, overtime and some variable pay can roll to the next period.
- Posting / notice of paydays
- Employers with more than 3 employees must tell each employee in writing at hire the rate of pay and the day, hour and place of payment, and post the Department of Labor's wage payment summary (19 Del. C. § 1108).
- Changing paydays
- Employers with more than 3 employees must give written or posted notice of a change in the day, hour or place of payment before the change (19 Del. C. § 1108).
Same category (at least monthly): Colorado, Idaho, Iowa, Kansas, Michigan, Minnesota, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Washington and Wisconsin.
Build a Delaware payroll calendar
Generate every 2026–2028 payday for your schedule, moved for bank holidays, and check it against Delaware's frequency and payday-deadline rules. Download it as Excel, CSV, PDF or a calendar file.
Year-end shift: the payday scheduled for Fri, Jan 1, 2027 moves to Thu, Dec 31, 2026 and is paid in 2026, so it counts toward 2026 — W-2 wages, Social Security wage base and 401(k) limits follow the date wages are paid.
27 biweekly paychecks. If salaried staff are paid annual salary ÷ 26, a 27th check pays about 3.8% more than the salary for the year; dividing by 27 lowers each check about 3.7% instead. Decide before January and adjust per-paycheck benefit deductions and 401(k) deferrals.
| Check # | Pay period | Pay date | Submit payroll by | Days after period end | Notes |
|---|---|---|---|---|---|
| 1 | Dec 14, 2025 – Dec 27, 2025 | Fri, Jan 2, 2026 | Tue, Dec 30, 2025 | 6 | |
| 2 | Dec 28, 2025 – Jan 10, 2026 | Fri, Jan 16, 2026 | Wed, Jan 14, 2026 | 6 | |
| 3 | Jan 11, 2026 – Jan 24, 2026 | Fri, Jan 30, 2026 | Wed, Jan 28, 2026 | 6 | 3rd check in January. |
| 4 | Jan 25, 2026 – Feb 7, 2026 | Fri, Feb 13, 2026 | Wed, Feb 11, 2026 | 6 | |
| 5 | Feb 8, 2026 – Feb 21, 2026 | Fri, Feb 27, 2026 | Wed, Feb 25, 2026 | 6 | |
| 6 | Feb 22, 2026 – Mar 7, 2026 | Fri, Mar 13, 2026 | Wed, Mar 11, 2026 | 6 | |
| 7 | Mar 8, 2026 – Mar 21, 2026 | Fri, Mar 27, 2026 | Wed, Mar 25, 2026 | 6 | |
| 8 | Mar 22, 2026 – Apr 4, 2026 | Fri, Apr 10, 2026 | Wed, Apr 8, 2026 | 6 | |
| 9 | Apr 5, 2026 – Apr 18, 2026 | Fri, Apr 24, 2026 | Wed, Apr 22, 2026 | 6 | |
| 10 | Apr 19, 2026 – May 2, 2026 | Fri, May 8, 2026 | Wed, May 6, 2026 | 6 | |
| 11 | May 3, 2026 – May 16, 2026 | Fri, May 22, 2026 | Wed, May 20, 2026 | 6 | |
| 12 | May 17, 2026 – May 30, 2026 | Fri, Jun 5, 2026 | Wed, Jun 3, 2026 | 6 | |
| 13 | May 31, 2026 – Jun 13, 2026 | Thu, Jun 18, 2026 | Tue, Jun 16, 2026 | 5 | Moved from Fri, Jun 19, 2026 (Juneteenth). |
| 14 | Jun 14, 2026 – Jun 27, 2026 | Fri, Jul 3, 2026 | Wed, Jul 1, 2026 | 6 | |
| 15 | Jun 28, 2026 – Jul 11, 2026 | Fri, Jul 17, 2026 | Wed, Jul 15, 2026 | 6 | |
| 16 | Jul 12, 2026 – Jul 25, 2026 | Fri, Jul 31, 2026 | Wed, Jul 29, 2026 | 6 | 3rd check in July. |
| 17 | Jul 26, 2026 – Aug 8, 2026 | Fri, Aug 14, 2026 | Wed, Aug 12, 2026 | 6 | |
| 18 | Aug 9, 2026 – Aug 22, 2026 | Fri, Aug 28, 2026 | Wed, Aug 26, 2026 | 6 | |
| 19 | Aug 23, 2026 – Sep 5, 2026 | Fri, Sep 11, 2026 | Wed, Sep 9, 2026 | 6 | |
| 20 | Sep 6, 2026 – Sep 19, 2026 | Fri, Sep 25, 2026 | Wed, Sep 23, 2026 | 6 | |
| 21 | Sep 20, 2026 – Oct 3, 2026 | Fri, Oct 9, 2026 | Wed, Oct 7, 2026 | 6 | |
| 22 | Oct 4, 2026 – Oct 17, 2026 | Fri, Oct 23, 2026 | Wed, Oct 21, 2026 | 6 | |
| 23 | Oct 18, 2026 – Oct 31, 2026 | Fri, Nov 6, 2026 | Wed, Nov 4, 2026 | 6 | |
| 24 | Nov 1, 2026 – Nov 14, 2026 | Fri, Nov 20, 2026 | Wed, Nov 18, 2026 | 6 | |
| 25 | Nov 15, 2026 – Nov 28, 2026 | Fri, Dec 4, 2026 | Wed, Dec 2, 2026 | 6 | |
| 26 | Nov 29, 2026 – Dec 12, 2026 | Fri, Dec 18, 2026 | Wed, Dec 16, 2026 | 6 | |
| 27 | Dec 13, 2026 – Dec 26, 2026 | Thu, Dec 31, 2026 | Tue, Dec 29, 2026 | 5 | Moved from Fri, Jan 1, 2027 (New Year's Day). 3rd check in December. |
Holidays: Federal Reserve Bank closures, when ACH direct deposits don't settle (the Reserve Banks stay open on the Friday before a Saturday holiday, such as July 3, 2026 and Dec. 24, 2027). Submit-payroll dates count Federal Reserve business days; your provider's cutoff may differ.
Other Delaware payroll rules
Delaware final paycheck and payday FAQ
When is a final paycheck due in Delaware if an employee is fired?
By the later of the next regular payday or 3 business days after the last day worked (same for layoffs). Source: 19 Del. C. § 1103.
When is a final paycheck due in Delaware if an employee quits?
Same rule: the later of the next regular payday or 3 business days after the last day worked. Source: 19 Del. C. § 1103.
How often do Delaware employers have to pay employees?
Delaware employers must pay at least once a month on regular paydays set in advance, within 7 days after the pay period closes.
Can I pay employees monthly in Delaware?
Yes. Monthly pay periods are allowed for all employees. Salaried / exempt staff: Same rule as other employees.
How soon after a pay period ends must Delaware employees be paid?
Wages are due within 7 days after the pay period closes; if payday is a non-work day, pay on the work day before. With pay periods of 16 days or less and payday on or before the period's last day, overtime and some variable pay can roll to the next period.
Do I have to give notice before changing paydays in Delaware?
Employers with more than 3 employees must give written or posted notice of a change in the day, hour or place of payment before the change (19 Del. C. § 1108).
Official Sources
Figures checked against these sources on 2026-10-03Related Resources on This Site
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Final paycheck and payday laws in other states
General information, not legal advice. Confirm the current rules with Delaware's labor department before relying on them.