Virginia Final Paycheck and Pay Frequency Laws (2026)
Last updated: 2026-10-12 · Rules checked against Virginia's statutes and labor agency on 2026-10-03
In Virginia, a final paycheck for an employee who is fired or laid off is due on or before the date the employee would have been paid had employment continued (next regular payday). If the employee quits: same: next regular payday. Pay frequency: Virginia employers must pay hourly employees at least every two weeks or twice a month, and salaried employees at least monthly. Executive personnel are excluded.
Virginia final paycheck law
- Fired or laid off
- On or before the date the employee would have been paid had employment continued (next regular payday).
- Quits
- Same: next regular payday.
- Final-pay source
- Va. Code § 40.1-29
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 Virginia employers must pay
Virginia employers must pay hourly employees at least every two weeks or twice a month, and salaried employees at least monthly. Executive personnel are excluded.
- Hourly employeesWeekly (allowed)Biweekly (allowed)Semimonthly (allowed)Monthly (not allowed)
- Salaried employeesWeekly (allowed)Biweekly (allowed)Semimonthly (allowed)Monthly (allowed)At least once a month.
- Hourly high earners (over 150% of the state average weekly wage)Weekly (allowed)Biweekly (allowed)Semimonthly (allowed)Monthly (only if a condition is met)Monthly only if each affected employee agrees.
- Executive personnelWeekly (allowed)Biweekly (allowed)Semimonthly (allowed)Monthly (allowed)Excluded from the regular pay period rule.
Green: allowed. Amber: allowed only if a condition is met. Struck through: not allowed without approval.
- Rule
- Hourly: every 2 weeks or twice a month (at least twice a month)
- Salaried / exempt staff
- Salaried employees may be paid monthly; executive personnel are excluded.
- Payday deadline after the pay period
- Virginia sets no maximum time between the end of a pay period and payday.
- Posting / notice of paydays
- No requirement to post or announce paydays in the wage payment law.
- Changing paydays
- No specific advance-notice rule in the wage payment law; give written notice before the change as a best practice.
- Recent change: HB 238 (2026 Acts ch. 1040, effective July 1, 2026) reorganized § 40.1-29, defined "wages" and expanded wage-theft remedies; the pay frequency and final-pay rules didn't change in substance.
Same category (at least twice a month): Alaska, Arizona, California, District of Columbia, Georgia, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Nevada, New Jersey, New Mexico, Ohio, Oklahoma, Texas, Utah and West Virginia.
Build a Virginia payroll calendar
Generate every 2026–2028 payday for your schedule, moved for bank holidays, and check it against Virginia'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 Virginia payroll rules
Virginia final paycheck and payday FAQ
When is a final paycheck due in Virginia if an employee is fired?
On or before the date the employee would have been paid had employment continued (next regular payday). Source: Va. Code § 40.1-29.
When is a final paycheck due in Virginia if an employee quits?
Same: next regular payday. Source: Va. Code § 40.1-29.
How often do Virginia employers have to pay employees?
Virginia employers must pay hourly employees at least every two weeks or twice a month, and salaried employees at least monthly. Executive personnel are excluded.
Can I pay employees monthly in Virginia?
Not for hourly employees — they must be paid weekly, biweekly and semimonthly. Salaried / exempt staff: Salaried employees may be paid monthly; executive personnel are excluded.
How soon after a pay period ends must Virginia employees be paid?
Virginia sets no maximum time between the end of a pay period and payday.
Do I have to give notice before changing paydays in Virginia?
The wage payment law has no specific advance-notice rule for changing paydays. Give employees written notice before the change as a best practice, and keep paying at least as often as the law requires.
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 Virginia's labor department before relying on them.