West Virginia Final Paycheck and Pay Frequency Laws (2026)
Last updated: 2026-10-12 · Rules checked against West Virginia's statutes and labor agency on 2026-10-03
In West Virginia, a final paycheck for an employee who is fired or laid off is due by the next regular payday. If the employee quits: same: next regular payday. Late final pay can cost double the unpaid amount. Pay frequency: West Virginia employers must pay at least twice every month with no more than 19 days between paydays, unless a special agreement provides otherwise.
West Virginia final paycheck law
- Fired or laid off
- By the next regular payday.
- Quits
- Same: next regular payday. Late final pay can cost double the unpaid amount.
- Final-pay source
- W. Va. Code § 21-5-4
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 West Virginia employers must pay
West Virginia employers must pay at least twice every month with no more than 19 days between paydays, unless a special agreement provides otherwise.
- All employeesWeekly (allowed)Biweekly (allowed)Semimonthly (allowed)Monthly (not allowed)A special agreement can provide otherwise.
Green: allowed. Amber: allowed only if a condition is met. Struck through: not allowed without approval.
- Rule
- Twice a month, ≤19 days apart (at least twice a month)
- Salaried / exempt staff
- Same rule as other employees.
- Longest gap between paydays
- 19 days
- Payday deadline after the pay period
- No separate limit on time between the end of a pay period and payday; paydays can be no more than 19 days apart.
- Posting / notice of paydays
- Tell employees in writing at hire the rate of pay and the day, hour and place of payment, and post the commissioner's abstract (W. Va. Code § 21-5-9).
- Changing paydays
- Give written or posted notice of a change in payday before it takes effect (W. Va. Code § 21-5-9).
- The DOL's 2023 table marks West Virginia as biweekly only; current law allows any schedule with two paydays a month no more than 19 days apart.
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 Virginia.
Build a West Virginia payroll calendar
Generate every 2026–2028 payday for your schedule, moved for bank holidays, and check it against West 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 West Virginia payroll rules
West Virginia final paycheck and payday FAQ
When is a final paycheck due in West Virginia if an employee is fired?
By the next regular payday. Source: W. Va. Code § 21-5-4.
When is a final paycheck due in West Virginia if an employee quits?
Same: next regular payday. Late final pay can cost double the unpaid amount. Source: W. Va. Code § 21-5-4.
How often do West Virginia employers have to pay employees?
West Virginia employers must pay at least twice every month with no more than 19 days between paydays, unless a special agreement provides otherwise.
Can I pay employees monthly in West Virginia?
Not for all employees — they must be paid weekly, biweekly and semimonthly. Salaried / exempt staff: Same rule as other employees.
How soon after a pay period ends must West Virginia employees be paid?
No separate limit on time between the end of a pay period and payday; paydays can be no more than 19 days apart.
Do I have to give notice before changing paydays in West Virginia?
Give written or posted notice of a change in payday before it takes effect (W. Va. Code § 21-5-9).
Official Sources
Figures checked against these sources on 2026-10-03Related Resources on This Site
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- FormationWest Virginia annual report due date, fee & franchise tax
- Sales TaxWest Virginia sales tax rates & rules
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Final paycheck and payday laws in other states
General information, not legal advice. Confirm the current rules with West Virginia's labor department before relying on them.