This post will guide you through employee leave laws for businesses and workers located in the state of Wyoming.
Follow this guide to understand employers’ obligations for vacation time, paid time off (PTO), sick leave, parental leave, bereavement and more, along with state holidays observed in Wyoming.
This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.
Employers in Wyoming are not required to provide paid or unpaid vacation time.
Use It or Lose It policies are allowed in Wyoming, provided the employee is given full opportunity with which to use their earned vacation time.
Use It or Lose It leave policies mean that any leave not used at the end of the year is forfeited, and not carried over to the following year. Learn more about Use It or Lose It policies here.
PTO payout upon separation is required in Wyoming – however, employers may enact a policy stating that PTO will not be paid out in certain situations.
The employer may thus avoid paying out unused PTO as long as they have a clear written policy stating as such.
Read More: PTO Payout Laws by State
Sick leave is not required by law in Wyoming (paid or unpaid).
Besides any state laws or provisions written into employment contracts, employers in Wyoming must comply with the Family and Medical Leave Act (FMLA), which entitles eligible employees the right to take 12 weeks of unpaid, job-protected leave for serious health conditions, or to care for spouses, children or parents with a serious health condition.
The following official state holidays are observed in Wyoming:
| Date | Holiday |
|---|---|
| January 1 | New Year’s Day |
| 3rd Monday in January | Martin Luther King, Jr. Day |
| 3rd Monday in February | Presidents’ Day |
| Last Monday in May | Memorial Day |
| June 19 | Juneteenth National Independence Day |
| July 4 | Independence Day |
| 1st Monday in September | Labor Day |
| November 11 | Veterans Day |
| 4th Thursday in November | Thanksgiving Day |
| December 25 | Christmas Day |
There is no requirement to allow employees a paid or unpaid day off for state holidays, and employees required to work on state holidays are not legally entitled to extra compensation (such as higher pay or a compensatory day off), unless promised in their employment contract.
Maternity leave is not covered by law in Wyoming.
The FMLA does apply, however, entitling new mothers to 12 weeks of unpaid, job-protected leave for the birth of a new child, as well as the placement of a new adoption or foster.
Paternity leave is not covered by law in Wyoming either, but fathers have the same right to unpaid, job-protected leave of up to 12 weeks for the birth of their child, or a new adoption or fostered child.
Bereavement leave is not covered by law in Wyoming.
Paid leave for jury duty is not required by law in Wyoming (however, employees must be allowed to serve jury duty without being threatened, penalized or discharged).
Employees must be allowed one hour of paid leave with which to vote, unless they have at least three consecutive hours outside of working time with which to do so.
Employees are entitled to up to five years of unpaid leave for active military duty, training, or a qualifying physical examination. Upon returning, they have full reinstatement rights, and cannot be fired without reason for one year after their return to work.
Federal Law (the Uniformed Services Employment and Reemployment Rights Act (USERRA)) applies in Wyoming, which states that military service members receive up to five years of unpaid leave for military service, and upon returning, must be reinstated to the same position (or an equivalent position) as they had before their leave.
Anything not covered in Wyoming state leave laws is up to the discretion of the employer, such as whether or not to provide paid sick leave or PTO, or whether PTO rolls over from year to year.
However, if any benefits are laid out in an employee’s contract or company policy, employers must comply with what has been agreed in that document.
For example, if an employee’s contract states that they are to receive 12 days of PTO each year, the employer is legally required to provide this, even though paid time off is not required by state law.
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