I used to work in PA, does an employer legally have to pay out your vacation days not taken when you leave?

Answer 1

What is in your personnel manual? Treat that as though it is your contract with the company. Some companies accrue vacation and will pay you for unused vacation when you leave, some companies have it in their policy manual that they will not.

There is no "hard and fast" rule. You can feel free to contact the Pa Dept of Labor and Industry, but they will probably not be able to help you much.

Quoting from a FAQ at L & I's website: "There is no Pennsylvania labor law which requires an employer to pay an employee not to work. Benefits like sick leave, vacation pay and severance pay are payments to an employee not to be at work. Therefore, an employer only has to pay these benefits if the employer has a policy to pay such benefits or a contract with you to pay these benefits. An employer must follow its own rules for these kinds of payments. There may also be federal requirements governing leave that has to be provided under the Americans with Disabilities Act and Family Medical Leave Act." http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=61106&landiPNavCtr=|&TNID=1024#8

Answer 2

My company did. Contact the Dept. of Labor in Harrisburg to find out for sure.