State law overview

State Mileage Reimbursement Laws

Which states require an employer to reimburse mileage, which publish a rate for their own travelers only, and what each one pays in 2026.

Guide by MileagePilotUpdated Oct 19, 2026

Short answer

Whether an employer has to reimburse mileage is a state question, and states answer it three ways: a statute that makes a job-required expense the employer's to pay, an official rate that binds only the state's own travelers, or a written employer policy where the state sets no rule. Which one applies decides whether a rate even exists for your claim.

At a glance

  • Where a statute imposes the duty, the citation is what a claim quotes, and the claim window differs: Illinois and Iowa run 30 days, New Hampshire runs 30 days from proof of payment, and the states whose statutes set no window leave the deadline to a written policy.
  • A state's travel rate binds its own employees, not yours. Texas Textravel, Florida's §112.061 allowance and the other state schedules set what a public traveler is paid; a private employer may pay less, more, or nothing unless a statute says otherwise.
  • Where a state sets no duty and no rate, a written employer policy decides, and the minimum wage is the only floor: unreimbursed job costs that push pay below it are a wage problem in every state.
  • The 2026 federal figure is the benchmark a rate method usually follows: 72.5 cents per mile for trips through June 30 and 76 cents per mile from July 1. A schedule on its own calendar, like South Dakota's October switch, does not move with it.

How state mileage rules differ

A state's travel rate and its labor law are separate things. An official rate sets what a public traveler is paid; a labor statute decides what a private employer owes. Which of the two a state has, or whether it has neither, decides whether a rate exists for your claim at all.

States that require the employer to reimburse

Each of these states obliges an employer to cover an expense the job required, and each sets its own clock, from Illinois and Iowa at 30 days to the states that leave the deadline to a written policy.

StateWhat requires reimbursement2026 official figure
CaliforniaLabor Code §2802 — private employers must cover necessary job expenses, and §2804 voids a waiverNo state rate for private employers; the federal benchmark is 72.5 cents per mile Jan-Jun, 76 cents per mile from Jul 1. Workers' compensation medical travel pays the same two figures
Illinois820 ILCS 115/9.5 — necessary work expenses, with a 30-day submission ruleNo state rate; the federal benchmark is 72.5 cents per mile Jan-Jun, 76 cents per mile from Jul 1
IowaIowa Code §91A.3(6) — an authorized expense is the employer's, payable within 30 days of the claim, with a written reason if it is refusedNo rate for private employers; state employees get $0.50 a mile, capped at 14,000 miles a fiscal year
MontanaMontana Code §39-2-701 — an employer covers what the job made the employee expend or lose, subject to two written exceptions34.9 cents a mile for state travel, 72.5 cents for the first 1,000 miles in a month and 69.5 cents above that
North DakotaNorth Dakota Century Code §34-02-01 — an employer covers what the job made the employee expend or lose, excluding tools and equipment the employee also uses off the job72.5 cents Jan-Jun and 76 cents from Jul 1 for state travel, under the OMB travel policy
South DakotaSouth Dakota Codified Laws §60-2-1 — an employer covers all that the job made the employee expend or lose, or that following the employer's directions cost$0.70 through Sep 30, 2026 and $0.76 from Oct 1 for state travel; $0.35 if a state car was available
New HampshireNew Hampshire RSA 275:57 — an expense incurred at the employer's request, payable within 30 days of proof of payment, with a penalty behind a willful refusalThe IRS business rate for state travel, 72.5 cents Jan-Jun 2026 and 76 cents from Jul 1

Every one of these states makes the expense the employer's, and none of them fixes a cents-per-mile rate for private employment.

States with an official rate but no private-employer mandate

A rate without a mandate. These states publish what their own employees are paid on official travel, and that figure is often the first one you find. It reaches a private employer only through a contract, a policy, or a promise the law will enforce.

StateWhat requires reimbursement2026 official figure
TexasState travel only; private employers set their own policy72.5 cents per mile Jan-Jun, 76 cents per mile from Jul 1 (Textravel)
FloridaPublic travel under F.S. §112.061; private employers set their own policy44.5 cents per mile, fixed in the statute
MassachusettsWorkers' compensation travel to treatment (DIA), and Commonwealth employee travel; otherwise employer policy$0.62 per mile (from March 23, 2026) for workers' compensation; state travel follows its own lesser-distance rule
New YorkState employee travel (OSC) and workers' compensation travel to treatment; otherwise employer policy72.5 cents per mile Jan-Jun, 76 cents per mile from Jul 1 on both official tracks
PennsylvaniaCommonwealth travel under MD 230.10; the WPCL enforces a promised private-employer reimbursement76 cents per mile from Jul 1, 2026 (the GSA figure), 72.5 cents per mile before
WashingtonThe minimum wage floor (RCW 49.46.020) for private employers; state travel under SAAM Chapter 1076 cents per mile from Jul 1 for state travel; private employers set the rate, subject to the wage floor

What each state pays its own travelers, and what that figure does not reach.

What to check before filing a claim

  • Whether your position is covered by a private company policy, a state agency travel directive, or workers' compensation rules.
  • Whether commuting is excluded and only business travel between work locations is eligible.
  • Whether parking, tolls, or other incidental costs are handled separately from the mileage amount.
  • Whether your employer requires a mileage log, reimbursement form, manager approval, or all three.

Official references

California Labor Code §2802

Official California law on reimbursement of necessary business expenses.

Washington L&I: Getting Paid

Explains that per diem and expense reimbursement are generally not required by Washington state law.

Texas Comptroller Textravel

Official Texas guidance for state-business mileage reimbursement.

Florida Statutes §112.061

Florida public-travel reimbursement rule for public officers, employees, and authorized persons.

New York Workers' Compensation mileage rates

Example of a New York mileage schedule that applies to a specific official program rather than every employer.

Iowa Code §91A.3 — Mode of payment

Subsection 6 makes an authorized expense the employer's to pay and sets the 30-day window.

Iowa DAS travel policy 210.130

The $0.50 rate and the 14,000-mile fiscal-year ceiling for state employees.

Montana Code Annotated 39-2-701 — Indemnification of employee

The indemnity duty, its ordinary-risk exception and the employer's own-care rule.

Montana Department of Administration: employee travel

The published travel summary and the personal vehicle use authorization form.

North Dakota Century Code 34-02-01 and 34-02-02

The indemnity duty, the tool and equipment exclusion, and the ordinary-risk exception.

North Dakota OMB: fiscal and administrative policy

Policies 501 and 511 set the personal vehicle rate for state travel.

SDCL 60-2-1 to 60-2-3 — indemnification of employees

The indemnity duty, the ordinary-risk exception, and the employer's own-care rule.

South Dakota BFM travel reimbursement rates

The personal vehicle rate in force and its October 1 effective date.

New Hampshire RSA 275:57 — Reimbursement of employee expenses

The 30-day window, the exclusions, the penalty and the private right of action.

New Hampshire RSA 275:51 — wage claims

The enforcement route RSA 275:57 runs through.

DAS Manual of Procedures 1301, Reimbursement of Travel

Section IX.F sets private-vehicle reimbursement at the Mileage Reimbursement Rate, which section II.E defines as the current IRS rate.

IRS Notice 2026-10 (Jan 1-Jun 30)

The announcement that set the federal business rate for that period.

IRS Announcement 2026-11 (Jul 1-Dec 31)

The announcement that set the federal business rate for that period.

Common questions

Does state mileage law replace the IRS standard rate?

No. The IRS rate is the nationwide federal benchmark for tax-free expense allowances under an accountable plan. Individual state laws govern whether an employer must reimburse you, while the IRS rate determines whether that reimbursement is exempt from income tax.

Do I still need a mileage log for state reimbursement claims?

Yes. Regardless of state law, valid reimbursement claims require defensible trip records documenting dates, destinations, business purpose, and mileage.

Did the mid-year 2026 federal increase change state mileage rates?

Only in the states whose programs follow the federal figure. Texas, Pennsylvania, Washington, New York and North Dakota all moved to 76 cents per mile on July 1, 2026. Florida's statutory allowance, Massachusetts' workers' compensation table, Montana's tiered schedule and South Dakota's October-to-September year are set on their own calendars and did not move with it.