Paid Time Off (PTO) in Wyoming
Vacation Leave Quota
Neither federal nor Wyoming law requires employers to provide vacation leave.
Private employers in Wyoming are not required to provide paid or unpaid vacation.
However, most employers in the private sector provide employees with 10 paid days off on average, after one year on the job.
Employers who opt to provide vacation leave, whether paid or unpaid, are required to follow relevant state legislation, accepted company policy, and employment agreement.
The accrual system is not required by law in Wyoming, but it is a common practice among many companies.
Employers are generally free to design their vacation accrual system, such as hourly, daily, weekly, bi-weekly, semi-monthly, or monthly increments. The accrual system is usually based on the pay period. The official payroll frequency in Wyoming is semimonthly.
State statutes don’t mention whether an employer may cap the vacation time employees accrue, so employers are likely free to implement this.
Roll Over (Carry Over, Brought Forward)
A Use-It-or-Lose-It policy is permitted.
A “use-it-or-lose-it” type of vacation leave policy requires an employee to lose any unused vacation time after a set date, usually the end of the year.
Wyoming’s state statutes haven’t specifically addressed a use-it-or-lose-it policy, which means that employers can implement it, but employees must be given enough time to take a vacation.
Statutory Provisions Addressing Vacation Pay
Employers who decide to offer paid vacation benefits must adhere to their employment agreement or company policy.
Payment of Accrued, Unused Vacation on Termination
Not required by Wyoming law; only if the company policy demands it.
Under Wyoming law, employers are allowed to implement a policy where they don’t compensate employees for their unused vacation leave when they leave their job, as long as the employee has acknowledged this forfeiture policy in writing. However, if company policy is silent on this matter or if employees have not acknowledged the company policy in writing, an employer is required to pay its employees for accrued vacation time that has not been used upon separation.
Employers can demand that employees need to have been employed for a specific period before being granted vacation leave, such as at the beginning of a new year or on their work anniversary.
Sick Leave in Wyoming
Federal Laws – Leave Quota
Federal law requires 12 weeks of unpaid sick leave.
The standard federal Family and Medical Leave Act (FMLA) applies to Wyoming (as it is in all the states in the U.S.A). The leave is job-protected.
Employees qualify for FMLA benefits only if:
- they have been employed for at least 12 months (at least 25 hours per week) or 1,250 hours in the previous year
- they work in a location where at least 50 people are employed by the company (in a 75-mile radius)
The FMLA entitles qualified employees to take up to 12 weeks off for:
- personal medical reasons – illness or injury
- to care for a close family member (child, spouse, or parent) suffering from a severe illness
- maternity or paternity leave.
Check out our article on FMLA to learn more.
Wyoming State Laws
There is no additional state sick leave law.
At this moment, 23 states in the US provide sick leave, but Wyoming doesn’t.
Wyoming doesn’t have a sick leave law that requires employers to provide employees with either paid or unpaid sick leave benefits.
Sick leave in Wyoming is unpaid.
Maternity, Paternity, FMLA in Wyoming
12 weeks of unpaid maternity/paternity leave is provided by FMLA.
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible workers to take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons, including maternity or paternity leave. Unless otherwise authorized by the employer, an employee must take this leave continuously. More information about FMLA eligibility can be found above, under the section Sick Leave in Wyoming: Federal Laws – Leave Quota.
The Pregnancy Discrimination Act (PDA) is one more federal law that protects pregnant women. According to the PDA, discrimination against pregnant people is prohibited in all areas of employment: hiring, firing, pay, job assignments, promotions, fringe benefits, training, leave, and health insurance.
Additional State Laws in Wyoming
No additional state maternity or paternity leave law.
Like many other states, Wyoming doesn’t mandate any kind of additional maternity, paternity, or parental leave, other than the federal FMLA.
The right to provide parental leave is up to the employer’s discretion.
Maternity or paternity leave in Wyoming is unpaid.
Bereavement Leave in Wyoming
Not required by state law.
Legally, employers in Wyoming are not obligated to grant any paid or unpaid leave for bereavement or attending the funeral of an immediate family member. However, it is common practice among most companies in the United States to provide paid bereavement leave, typically lasting for up to three working days. Some organizations may be even more generous and offer a maximum of five or six days.
Bereavement leave in Wyoming is unpaid.
Jury Duty Leave in Wyoming
Unpaid leave is required.
An employee has the right to take time off to comply with a jury summons, participate in jury selection procedures, and serve as a juror, without facing any form of retaliatory or negative action from their employers.
If asked, an employee must display a jury summons to his or her employer.
The employer pays:
Employers in Wyoming are not required to pay employees for jury duty leave, although most employers do.
The state pays:
Employees who serve as jurors in Wyoming are paid $40.00 a day (though juror pay is only a token amount).
Military Leave in Wyoming
All employers in the U.S. must comply with USERRA. Additional state laws.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that applies to employers of all sizes and types in the U.S. USERRA protects employees called to active duty in the U.S. military, including the U.S. Armed Forces, Reserves, and National Guard. USERRA provides reinstatement rights, protection from discrimination, the right to continue group health care benefits for up to 24 months during their leave, and up to 5 years of unpaid leave for military service (with exceptions to this 5-year limit).
Wyoming State Law
Aside from the FMLA, Wyoming law states that employees have the right to take an unpaid leave of absence for up to five years for active military duty, training, or a qualifying physical examination.
They are allowed to use their vacation time or any other accrued leave, but it is not mandatory. Upon returning to work, the employee is entitled to the same seniority, rights, and benefits they had before, plus any additional seniority and benefits they would have earned if they had not taken the leave. The employee cannot be fired without reason for 1 year after returning to work.
Military leave in Wyoming is unpaid.
Voting Leave in Wyoming
Up to 1 hour of paid leave.
It is mandatory for an employer to provide its employees with up to 1 hour of paid time off (other than a meal break) for voting in municipal, county, state, primary, special, or general elections. An employee is not required to provide advance notice to the employer.
An employer isn’t required to provide this leave if an employee has 3 or more consecutive non-working hours while polls are open.
An employer may select the hour when an employee leaves work to vote.
Voting leave Wyoming is paid by employer (if an employee actually votes).
Wyoming State Holidays for 2023
A leave for holidays is not required by state law.
Private employers in Wyoming are not required to provide paid or unpaid leave for holidays. However, the majority of employers in Wyoming do provide at least several paid holidays.
Complete list of official holidays recognized and celebrated by the state of Wyoming in 2023:
|Monday, 2 January||New Year’s Day|
|Monday, 16 Jan||Martin Luther King, Jr. Day (3rd Monday in January)|
|Monday, 20 February||Presidents’ Day (3rd Monday in February)|
|Monday, 29 May||Memorial Day (The Last Monday in May)|
|Monday, 19 June||Juneteenth National Independence Day|
|Tuesday, 4 July||Independence Day|
|Monday, 4 September||Labour Day (1st Monday in September)|
|Friday, 10 November||Veterans Day|
|Thurs, 23 November||Thanksgiving Day (4th Thursday in November)|
|Monday, 25 December||Christmas Day|
- Wyoming Department of Workforce Services > Labor Standards, https://dws.wyo.gov/dws-division/labor-standards/
- State of Wyoming, 67th legislature > Title 27 – Labor and Employment, https://wyoleg.gov/statutes/compress/title27.pdf
- Wyoming Quick and Easy Guide to Labor & Employment Law, https://www.bakerdonelson.com/webfiles/EZGuide/Wyoming_LE_Easy_Guide.pdf
- The Wyoming Employment Law Guide, https://joinhomebase.com/state-labor-laws/wyoming/
- Payroll and Benefits Guide United States – Wyoming, https://www.papayaglobal.com/countrypedia/country/united-states-wyoming/
- Leave Laws by State and Municipality: 50-State Charts, https://www.xperthr.com/fifty-state-charts/leave-laws-by-state-and-municipality/20973/
Updated: March 21, 2023
Check out our Leave Laws page to learn more about laws in various countries.