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Other Leaves: Wyoming

Other Leaves requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Vonde Smith, Law Offices of Vonde M. Smith, PC

Summary

  • There are various types of leave that may be available to an employee in Wyoming. See Leaves of Absence.
  • Wyoming does not have a state family and medical leave law applicable to private employers. See Family and Medical Leave.
  • Wyoming employees are entitled to job-protected leave in order to serve on a jury. See Jury Duty Leave.
  • An employer may not terminate or discipline an employee who attends or participates in a criminal proceeding as a victim or a witness. See Witness Duty Leave.
  • Employees who are eligible to vote are allowed one hour from work with pay for purposes of casting their vote. See Voting Leave.

Leaves of Absence

There are various types of leave that may be available to an employee in Wyoming. To the extent that applicable federal, state or local laws conflict, an employer should apply the provisions that provide the greatest benefits and protections to the employee.

An employer should remain alert to the various types of leave available and take care to track employees' leaves of absence, including:

  • The date the leave begins;
  • The type of leave; and
  • The expected return date.

An employee who exercises leave rights is not protected from discipline for legitimate reasons that are unrelated to the leave and that are not otherwise prohibited by law.

If an employer must discipline an employee who has exercised his or her leave rights, it should carefully document the reasons for the discipline, review past application of the rule (to ensure the policy is being enforced evenhandedly), and consider whether to seek the advice of counsel before imposing the discipline.

Family and Medical Leave

Wyoming does not have a state family and medical leave law applicable to private employers. However, a Wyoming employer with 50 or more employees is likely required to adhere to the federal Family and Medical Leave Act (FMLA).

Jury Duty Leave

An employer may not terminate, threaten to terminate, intimidate or coerce any employee because of their jury service. For more information on jury duty leave, please see Jury Duty: Wyoming.

Witness Duty Leave

An employer may not terminate or discipline an employee who attends or participates in a criminal proceeding as a victim or a witness. In addition, an employer cannot change the employee's terms of employment if they respond to a subpoena during working hours from the prosecution or defense relating to a criminal matter.

For purposes of this law, "victim" means an individual who has suffered direct or threatened physical, emotional or financial harm as the result of the commission of a criminal act or a family member of a victim who is a minor or an incompetent or a surviving family member of a homicide victim.

+Wyo. Stat. Ann. § 1-40-202; +Wyo. Stat. Ann. § 1-40-209.

An employer should consider including a witness duty leave policy in its handbook to educate employees, including supervisors, about the availability of witness duty leave and to show its compliance with Wyoming law.

Voting Leave

Employees who are eligible to vote are allowed one hour (not including meal hours) of paid time off for purposes of casting their vote. An employer does not need to provide an employee with time off to vote if the employee has three or more consecutive nonworking hours during the time the polls are open to cast a vote.

An employer does not have to pay the employee if the employee does not actually cast a legal vote. Employers may determine the time of the leave as long as it is within the time the polls are open.

+Wyo. Stat. § 22-2-111.

An employer should consider including a voting leave policy in its handbook to educate employees, including supervisors, about the availability of time off to vote and to show its compliance with Wyoming law.

Military Leave

The Wyoming Military Service Relief Act supplements the provisions of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). For more information on military leave, please see USERRA: Wyoming.

Training

An employer should be aware that certain leaves are protected by state law. Therefore, it should train its supervisory employees not to take action against an employee because he or she took leave or indicated that he or she may take the leave in the near future. See Training and Development: Federal.

Future Developments

There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.

Additional Resources

Wyoming Supplement: Table of Contents