Wyoming Leave Laws
In Wyoming, employers are not required to provide employees with vacation benefits, either paid or unpaid. WY Atty Gen. Opinion No. 63-53. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. WY Stat. 27-4-507; WY Atty Gen. Opinion No. 63-53.
In Wyoming, an employer cannot require an employee to forfeit accrued or earned vacation leave upon separation from employment, regardless of the reason, once the vacation is earned according the employers policy. WY Dept. of Workforce Services FAQs. An employer may place time requirements on employees before they accrue or earn vacation leave, such as having to be employed on their anniversary date. WY Dept. of Workforce Services FAQs.
Neither Wyoming’s Legislature nor its courts have given any significant guidance regarding other potential vacation policy issues. They are silent regarding whether an employer may:
- cap the vacation leave an employee may accrued over time
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it.
Wyoming law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract. WY Dept. of Workforce Services FAQs.
An employer in Wyoming may be required to provide an employee sick leave in accordance with the Family and Medical Leave Act or other federal laws.
Wyoming law does not require private employers to provide employees with either paid or unpaid holiday leave. In Wyoming, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.
Visit our Wyoming State Holidays page for a list of holidays recognized and observed by the state of Wyoming as well as information regarding state laws governing holiday leave for public employers and employees.
Jury Duty Leave
An employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury.
An employer may not discharge, threaten to discharge, intimidate or coerce any employee by reason of the employee’s attendance or scheduled attendance in connection with jury service.
Wyoming law requires employers to provide an employee with one (1) hour of paid leave to vote in a primary, general, or special election to fill a seat for the United States Congress, if the employee does not have three (3) or more consecutive off-duty hours in which to vote while polls are open. An employer may dictate when an employee takes paid voting leave. WY Stat. 22.2.111
Wyoming law does not require employers to provide employee bereavement leave. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employer may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains.