Wyo. Code R. 006-0010-10
Human Resources Division
Chapter 10: Leave
Effective Date: 12/07/2001 to 01/31/2006
Rule Type: Superceded Rules & Regulations
Reference Number: 006.0010.10.12072001
(a) Accrual Base Rates. Vacation leave accrual base rates shall be determined by the amount of completed continuous service as follows:
| 0 through 48 months | - | 8 hours per month |
|---|---|---|
| 49 through 108 months | - | 10 hours per month |
| 109 through 168 months | - | 12 hours per month |
| 169 through 228 months | - | 14 hours per month |
| 229 or more months | - | 16 hours per month |
(b) Service Credits to Rehired Employees. Service credits for non-continuous service shall be granted to a rehired employee claiming prior Executive, Judicial or Legislative Branch service followed by a separation, upon the completion of twenty-four (24) months continuous service since the most recent entrance to State employment. Prior service shall be on record with the Wyoming Retirement System or may be otherwise verified by the employing agency or branch. Service credits shall be given for any calendar month during which work was actually performed.
(c) Monthly Accrual Rates.
(i) Permanent and probationary employees shall accrue vacation leave according to the number of hours worked in the month.
(ii) Temporary employees shall accrue vacation leave, after six (6) months of employment, according to the number of hours worked in the month.
(iii) The formula for determining the monthly accrual rate for 40 through 159 hours worked in the month is prorated as follows: hours worked in the month are multiplied by the employee's accrual base rate, this total is divided by 160.
(iv) The following rates shall be used:
| 160 or more hours | - | 100% of base rate |
|---|---|---|
| 40 through 159 hours | - | Prorated according to formula |
| 39 or less hours | - | 0% of base rate |
(v) Time elapsed while an employee is on any authorized leave, except a leave without pay, suspension, or educational leave, shall be considered hours worked for purposes of this section.
(d) Authorized Use. Agency management shall consider the needs of the employee and the staffing requirements of the agency in approving vacation leave.
(e) Interagency Appointments. An employee who is appointed to a position in a different agency shall not lose any unused vacation leave or compensatory time as a result of the interagency transfer, promotion, or reappointment.
(f) Interbranch Appointments. An employee appointed without a separation from the State Judicial or Legislative Branch who has not been paid for accumulated leave, shall be allowed to transfer unused vacation leave. The employee shall accrue vacation leave according to established Executive Branch rates for completed continuous service which shall include continuous service credited while employed by the other branch. All unused vacation leave for Executive Branch employees transferring to another Branch of State government shall be paid off at the time of transfer.
(g) Maximum Accrual. On December 31 of each year, accrued unused vacation leave in excess of the carry-over maximum shall be reduced to this maximum and the employee shall forfeit the right to use this excess leave. The carry-over maximum, which depends upon completed State service, is determined as follows:
Completed State Service
| 0 through 108 months |
|---|
| 109 through 168 months- |
| 169 through 228 months |
| 229 or more months |
Carry-Over Maximum
| -240 hours (30 days) |
|---|
| 288 hours (36 days) |
| -336 hours (42 days) |
| -384 hours (48 days) |
(a) Monthly Accrual Rates.
(i) Permanent and probationary employees shall accrue sick leave according to the number of hours worked in the month.
(ii) Temporary employees shall accrue sick leave, after six (6) months of employment, according to the number of hours worked in the month.
(iii) The formula for determining the monthly accrual rate for 40 through 159 hours worked in the month is prorated as follows: hours worked in the month are multiplied by eight hours, this total is divided by 160.
(iv) The following rates shall be used:
| 160 or more hours | - | 8 hours per month |
|---|---|---|
| 40 through 159 hours | - | Prorated according to formula |
| 39 or less hours | - | no accrual |
(v) Time elapsed while an employee is on any authorized leave, except a leave without pay, suspension, or educational leave, shall be considered hours worked for purposes of this section.
(b) Authorized Use. Accrued sick leave may be used during scheduled work hours when an employee is incapacitated by sickness or injury; for pregnancy, childbirth, or related medical conditions; for medical, dental or optical examinations or treatment; for death or illness of a member of the employee's or the employee's spouse's immediate family and such other persons as approved by the agency head; or when an employee has been exposed to a contagious disease such that attendance at work could jeopardize the health of others.
(i) Persons affected by pregnancy, childbirth and related medical conditions shall be treated the same as persons affected by other medical conditions.
(c) Notification. Employees who are unable to work for any of the reasons stated in Section 2 (b) of this chapter shall notify their immediate supervisor as soon as possible of their absence or anticipated absence. If such notification is not given, the agency head shall charge the absence to vacation leave or leave without pay, and may consider appropriate disciplinary action.
(d) Approval. The agency head shall approve the use of sick leave only after having determined that the absence was for a legitimate reason. An employee may be required to submit substantiating evidence including, but not limited to, a health care provider's certificate. Abuse of sick leave is cause for disciplinary action.
(e) Donation. An employee who has accrued a minimum of eighty (80) hours of sick leave may donate a minimum of four (4) hours up to a maximum of sixteen (16) hours of sick leave per calendar year to the same recipient who has an immediate and reasonable need for such assistance. Donations between immediate family members who are State employees are not subject to the sixteen (16) hour maximum. Donors shall give their agency head, who shall approve or disapprove the donation, a written statement specifying the number of hours donated and the name and agency of the employee to whom the donation is being made. Donations to employees in agencies other than the donor's agency shall be approved by the donee's agency head.
(i) Employees shall have depleted all of their sick and annual leave prior to use of donated sick leave.
(ii) Agency heads shall ensure that all donated but unused sick leave shall be credited back to the original donor(s) when the recipient returns to work and/or no longer has an immediate and reasonable need for the leave; or when the recipient dies.
(f) Advanced Sick Leave. An employee who has used all accrued sick leave, compensatory time and vacation leave, and who has an immediate and reasonable need for sick leave, may be, at the discretion of the agency head, advanced sick leave not to exceed eight (8) hours for each year of continuous service up to fifteen (15) years and twelve (12) hours for each year beyond fifteen (15) years continuous service. Any advanced sick leave shall be repaid by the employee upon return to work at the rate of the employee's combined monthly vacation and sick leave accrual rates.
(g) Interagency Appointments. An employee appointed to a position in a different agency shall not lose any accrued sick leave as a result of the interagency transfer, promotion, or reappointment.
(h) Interbranch Appointments. An employee appointed without a separation from the State Judicial or Legislative Branch who has not been paid for accumulated leave, shall be allowed to transfer unused sick leave. The employee shall accrue sick leave according to established Executive Branch rules. Unused sick leave for all Executive Branch employees transferring to another branch of State government shall be paid off in accordance with Chapter 9, Section 11 (b) at the time of transfer.
Employees shall be granted three (3) regularly scheduled work days of bereavement leave upon being notified of the death of an immediate family member. This leave shall be for the purposes associated with the death of the family member and shall be used before the use of any other leave authorized for this purpose.
(a) Permanent and probationary employees shall receive holiday leave, according to the number of regularly scheduled work hours in the month.
(i) Temporary employees shall receive holiday leave, after six (6) months of employment, according to the number of hours worked in the month.
(ii) The formula for determining the holiday leave for 40 through 159 hours worked in the month is prorated as follows: hours worked in the month are multiplied by eight hours, this total is divided by 160.
(iii) The following rates shall be used:
| 160 or more hours | - | full 8 hours per holiday |
|---|---|---|
| 40 through 159 hours | - | Prorated according to formula |
| 39 hours or less | - | none |
(b) Permanent and probationary employees not required to work shall be granted paid holiday leave from regularly scheduled work hours occurring on the following days:
(x) Upon declaration by the Governor, any date declared by the President of the United States as an occasion of national mourning, rejoicing, or observance of national emergency.
(c) Holidays that fall on employee's regularly scheduled days off.
(i) If a holiday falls on the first day of an employee's regularly scheduled time off period, the day before shall be considered a paid holiday for that employee.
(ii) If a holiday falls on a subsequent day off, the day after shall be considered a paid holiday for that employee.
(d) Employees on leave without pay the day before and the day after a holiday shall not be entitled to paid holiday leave.
Employees exempt from the overtime, who are required to work on an official State holiday, shall be granted compensatory time at the rate of one and one-half hours off for each hour worked. Employees shall use any accumulated compensatory time before being entitled to use any accrued vacation leave. As of January 1 of each year all unused compensatory time shall be paid off at the employee's hourly compensation rate, unless otherwise approved by the Human
Resources Division.
Employees who are parents of a newborn or recently adopted child, or are expectant parents, shall be entitled to take accrued sick leave, compensatory time, vacation leave, or leave without pay for purposes associated with the birth or adoption of a child.
(a) Employees shall, at the time specified by their supervisor, be allowed one (1) hour of leave with pay for the purpose of voting in an official public election.
(i) This section shall not apply to an employee who has three (3) or more consecutive non-working hours during the time the polls are open. (Reference W.S. 22-2-111).
An employee required to serve as a member of a jury panel or as a witness of the court shall be granted leave with pay for the performance of such obligation.
An employee elected to serve as a member of the State Legislature shall be required to take leave without pay for the performance of all legislative duties.
An agency head may, with notification to the Human Resources Division, grant educational leave to an employee for up to twenty-four (24) months to allow the employee to acquire job-related training or education. In notifying the Human Resources Division, the agency head shall provide a written description of the training or education which the employee intends to pursue and an explanation of how such training or education would benefit the State.
(a) An agency head may grant an employee administrative leave with pay to participate in meetings, seminars, hearings, examinations, employee organization meetings, or other authorized purpose.
(i) Upon declaration by the Governor, may close state offices for the traditional observance of local celebrations, inclement weather conditions, or for other reasons or purposes that are deemed necessary.
(A) Employees required to work during the traditional observance of local celebrations shall be given compensatory time on an hour for hour basis.
(B) Upon a weather or other closure declared by either the Governor's Office or an agency head, an employee shall not be charged for time off for the period of the closure unless the employee had been previously authorized annual or sick leave. In those cases where an employee was previously authorized annual or sick leave prior to a declaration, the declaration will not alter in part or whole the charging for such leave to the employee.
Military leave shall be granted in accordance with W.S. 19-11-108(a) through (e).
(a) Leave without pay may be granted at the discretion of the agency head. An employee injured on the job and receiving Worker's Compensation benefits shall, upon request, be entitled to leave without pay in lieu of using sick leave, compensatory time or annual leave in connection with the injury. A leave without pay of more than fifteen (15) consecutive days shall be reported in writing to the Human Resources Division. A leave without pay shall not continue for more than six (6) months without the approval of the Human Resources Division.
(b) The Governor may lay-off or furlough employees due to lack of work or funding.
(a) An agency head may suspend with pay an employee for a maximum of thirty (30) days when:
(i) The employee has been charged with or is under investigation for the commission of a crime which would raise reasonable doubt concerning the employee's suitability for continued employment; or
(ii) Allegations of misconduct have been made and, if confirmed, the employee's presence on the job may be detrimental to the operation of the agency.
(b) The agency head shall provide the employee with written notice specifying the reason(s) for the suspension and the effective date. An administrative suspension, with or without pay, may be extended beyond the thirty (30) day period with the written approval of the Human Resources Division. If the charges are not filed, or the employee is found not guilty, the employee shall be returned to work, granted pay for any lost wages, and shall retain all rights and status previously held.
(a) The Family and Medical Leave policy of the State of Wyoming shall be in accordance with and except as specified no more stringent than the provisions of Public Law 103-3, Family and Medical Leave Act.
(i) In all circumstances, the agency head shall be responsible in designating leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. In the case of intermittent leave or leave on a reduced schedule, only one such notice is required unless the circumstances regarding the leave have changed.
(b) Employee Eligibility. An employee shall have worked for the State a total of twelve (12) months and have worked 1250 hours over the previous twelve (12) months prior to the use of FMLA leave.
(i) an employee shall be employed within 75 miles of a work site where there are 50 or more State employees.
(ii) The twelve (12) month period shall commence when leave is first used.
(c) Leave Entitlement. An eligible employee shall be granted a total of twelve (12) workweeks of leave in a twelve (12) month period for one or more of the following reasons:
(i) the birth or adoption of a child, and to care for the newborn or newly placed child;
(ii) a serious health condition affecting the employee or an immediate family member.
(A) Where two spouses are employed by the State of Wyoming their aggregate leave will be limited to twelve (12) workweeks during any twelve-month period for the following reasons:
(I) Birth and care of a child;
(II) For the placement of a child for adoption or foster care, and to care for the newly placed child; and
(III) To care for an employee’s parent who has a serious health condition.
(d) Intermittent/Reduced Schedule Leave. For intermittent leave or leave on a reduced leave schedule, there shall be a medical need for leave (as distinguished from voluntary treatments and procedures) and such medical need is best accommodated through an intermittent or reduced leave schedule.
(i) Intermittent leave shall be taken in separate blocks of time due to a single qualifying reason.
(ii) Reduced leave schedule shall be a change in the employee's schedule for a period of time that reduces the employee's usual number of working hours per workweek, or hours per workday.
(e) Medical Certification. An agency may require a medical certification from a health care provider for an employee's serious health condition or the employee's immediate family member. The agency shall allow the employee at least fifteen (15) calendar days from the date of the request to obtain the medical certification.
(f) Denial of FMLA leave. Prior to denial of FMLA leave, the agency shall submit to the Human Resources Division a written request for approval of such denial.
(g) Paid Leave. The twelve-week leave period shall include the employee's accrued sick leave, annual leave or any donated sick leave allowed.
(i) An employee who incurs a work-related illness or injury elects whether to receive paid leave or worker's compensation benefits. An employee shall not receive both.
(ii) An employee may request to use compensatory time during this twelve-week period. However, the absence which is paid from the employee's accrued compensatory time 'account' shall not be counted against the employee's FMLA leave entitlement.
(h) Leave without Pay. If an employee's accrued sick leave and vacation leave total is less than twelve (12) weeks, the time remaining shall be taken as unpaid FMLA leave. Any leave without pay in excess of the twelve (12) week maximum shall be at the discretion of the agency head per Chapter 10, Section 13, Leave Without Pay.
(i) An employee whose work-related illness or injury meets the criteria for a serious health condition and is receiving paid worker's compensation benefits the absence shall be counted against the FMLA leave entitlement.
(ii) An employee on unpaid FMLA leave during a holiday, shall not receive holiday pay.
(i) Definition of a child under this section: a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis (in place of a parent). The child shall be under 18 years old, or 18 or older and incapable of self-care because of a mental or physical disability.
(j) Definition of a family member under this section: a child as defined in Section 15 (i), a spouse is a husband or wife, a parent is an employee's biological parent or someone who stood in loco parentis (in place of a parent) to an employee.
(k) Notice of leave. An employee shall give thirty (30) days notice to the agency prior to the date the leave is to begin. The employee shall advise their immediate supervisor as soon as possible and practicable if dates of scheduled leave change or are extended, or were initially unknown. The agency head shall determine the actual date on which an employee's FMLA leave commences.
(l) Time elapsed while an employee is on FMLA shall be considered hours worked.
(m) Insurance. During any FMLA leave the agency head shall maintain the employee's coverage under any group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period. If family member coverage is provided to an employee, family member coverage shall be maintained during the FMLA leave.
(n) Does Not Return to Work. If an employee does not return to work following FMLA leave for a reason other than:
(i) the continuation, recurrence, or onset of a serious health condition which would entitle them to FMLA leave ; or
(ii) other circumstances beyond their control, the employee may be required to reimburse the State for any portion of health insurance premiums paid on behalf of the employee during FMLA leave.
(o) Job Restoration. Upon return from FMLA leave an employee shall be restored to their original position, or to an "equivalent" position with equivalent pay, benefits, and other employment terms and conditions. During the leave, the employee is not entitled to any employment benefits, or to any right, benefit, or position of employment other than what the employee would have been entitled to had the leave not been taken.