(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 Family and Medical Leave Act of 1993, Public Law 103-3 (Feb 5, 1993), 107 Stat. 6 ( 29 U.S.C. 2601 et seq., as amended).
(b) State Agencies are covered employers without regard to the number of employees employed.
(c) 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.
(d) 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 of a son or daughter, and to care for the newborn;
- (ii) For placement with the employee of a son or daughter for adoption or foster care;
- (iii) To care for the employee's spouse, son, daughter or parent with a serious health condition;
- (iv) For a serious health condition that makes the employee unable to perform the functions of the employee's job; and
- (v) For any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation. Qualifying exigencies include the following:
- (A) Short-notice deployment to address any issue that arises from the fact that a covered military member is notified of an impending call to order to active duty seven or less calendar days prior to the date of deployment.
- (I) Leave taken for this purpose can be used for a period of seven (7) calendar days beginning on the date a covered military member is notified of an impending call or order to active duty in support of a contingency operation;
- (B) Military events and related activities including any official ceremony, program or event sponsored by the military and to attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the active duty or call to active duty status of a covered military member;
- (C) Childcare and school activities;
- (D) Financial and legal arrangements;
- (E) Counseling - providing that the need for counseling arises from the active duty or call to active duty status of a covered military member;
- (F) Rest and recuperation to spend time with a covered military member who is on short-term, temporary, rest and recuperation leave during the period of deployment.
- (I) Eligible employees may take up to five (5) calendar days of leave for each instance of rest and recuperation.
- (G) Post-deployment activities to attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of ninety (90) days following the termination of the covered military member's active duty status and to address issues that arise from the death of a covered military member while on active duty status.
- (H) Additional activities to address other events which arise out of the covered military member's active duty or call to active duty status.
- (I) The employer and employee shall agree prior to the employee taking leave that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave.
(e) Covered military member is either a member of the reserve components or a retired member of the Regular Armed Forces or Reserves; - (i) An employee whose family member is on active duty or call to active duty status in support of a contingency operation as a member of the Regular Armed Forces is not eligible to take leave because of a qualifying exigency.
(f) Where two spouses are employed by the State of Wyoming their aggregate leave will be limited to twelve (12) workweeks during any twelvemonth 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 the employee's parent who has a serious health condition.
(g) Leave to care for a covered service member with a serious injury or illness. - (i) Leave Entitlement: An eligible employee shall be granted a total of twenty-six (26) workweeks of leave in a twelve (12) month period to care for a covered service member with a serious injury or illness during a "single 12-month period".
- (ii) Covered military member includes a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the temporary disability retired list.
- (A) Covered military member does not include former members of the Armed Forces, former members of the National Guard and Reserves, and members on the permanent disability retired list.
- (iii) Eligible employee must be the spouse, son, daughter, or parent or next of kin of a covered service member. Parents-in-law are not eligible.
(h) Combined Leave Entitlement: An eligible employee is entitled to a combined total of twenty-six (26) workweeks of leave in a twelve (12) month period described in paragraph g of this section provided that the employee is entitled to no more than twelve (12) work weeks of leave as described in paragraph d of this section.
(i) Where two spouses are employed by the State of Wyoming their leave will be limited to a combined total of twenty-six (26) workweeks of leave during the single 12-month period if the leave is taken for the following reasons: - (i) The birth of a son or daughter, and to care for the newborn;
- (ii) For placement with the employee of a son or daughter for adoption or foster care, or to care for the child after placement;
- (iii) To care for the employee's parent with a serious health condition; or
- (iv) To care for a covered service member with a serious injury or illness.
(j) In all instances of FMLA Leave, the twelve (12) month period shall commence when leave is first used.
(k) Paid Leave. The FMLA leave period shall include the employee's accrued sick leave, vacation leave, accrued compensatory time leave, other available leave, and any donated sick leave allowed. - (i) A holiday that occurs within the full week taken as FMLA leave is counted towards the employee's FMLA leave entitlement.
- (A) If an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee's FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday.
- (ii) 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.
(l) Leave without Pay. If an employee's accrued paid leave is less than the total FMLA entitled workweeks, the time remaining shall be taken as unpaid FMLA leave. Any leave without pay in excess of the total FMLA entitled workweeks maximum shall be at the discretion of the agency head per Chapter 10, Section 14, 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.
(m) 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.
- (iii) When leave is taken after the birth of a healthy child or placement of a healthy child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the Agency agrees.
- (iv) If an employee needs leave intermittently or on a reduced leave schedule for planned medical treatment, then the employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the Agency's operation.
(n) Medical Certification. An agency shall require a medical certification from a health care provider for an employee's serious health condition or the employee's covered family member with a serious health condition, or to care for a covered service member with a serious injury or illness. - (i) The agency shall give notice of a requirement for certification each time a certification is required and the notice shall be in writing.
- (ii) The agency shall allow the employee at least fifteen (15) calendar days from the date of the request to obtain the certification.
- (iii) The employee shall provide a complete and sufficient certification to the Agency when required.
(o) Certification for leave taken because of a qualifying exigency. An agency shall require that an employee's provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation and the dates of the covered military member's active duty service.
(p) Documenting relationships. For purposes of confirmation of family relationship, the Agency may require the employee provide reasonable documentation or statement of family relationship.
(q) Agency requirements. - (i) Every Agency is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the Act's provisions and providing information concerning the procedures for filing complaints of violations of the Act with the Department of Labor Wage and Hour Division.
- (ii) When an employee requests FMLA leave or when the Agency acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the Agency must notify the employee of the employee's eligibility to take FMLA leave within five (5) business days, absent extenuating circumstances.
- (iii) Agencies shall provide written notice detailing the specific expectations and obligations of the employee and explain any consequences of a failure to meet the obligations.
- (iv) In all circumstances, the agency head or human resource office 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.
(r) 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 or Human Resource office shall determine the actual date on which an employee's FMLA leave commences. - (i) An employee shall provide sufficient information for the Agency to reasonably determine whether the FMLA may apply to the leave request.
(s) 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.
(t) An employee cannot waive, nor may an Agency induce employees to waive, their prospective rights under FMLA.
(u) Definition of a son or daughter for purposes of FMLA leave taken for the birth or adoption or to care for a family member with a serious health condition: 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.
(v) Definition of a family member under this section: a son or daughter as defined in Section 15(u), a spouse is a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.; a parent is an employee's biological, adoptive, step or foster father or mother, or someone who stood in loco parentis (in place of a parent) to an employee. This term does not include parents "in-law".
(w) Definition of Next of Kin of a covered service member means the nearest blood relative other than the covered service member's spouse, parent, son, or daughter, in the following order of priority, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA: - (i) Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions;
- (ii) Brothers and sisters;
(x) Definition of son or daughter on active duty or call to active duty status means the employee's biological, adopted, or foster child, stepchild, legal ward or a child for whom the employee stood in loco parent is, who is on active duty or call to active duty status, and who is of any age.
(y) Definition of son or daughter of a covered service member means the service member's biological, adopted, or foster child, stepchild, legal ward or a child for whom the employee stood in loco parent is, who is on active duty or call to active duty status, and who is of any age.
(z) Time elapsed while an employee is on paid FMLA shall be considered hours worked. Time elapsed while an employee is on unpaid FMLA shall be included in calculating the total number of months of continuous service.
(aa) 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.
(ab) Does Not Return to Work. If an employee does not return to work following unpaid 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 shall be required to reimburse the State for any portion of health insurance premiums paid on behalf of the employee during unpaid FMLA leave.
- (iii) An employee who returns to work for a period of at least five (5) days is viewed as meeting the return to work requirement.
(ac) 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, nor to any right, benefit, or position of employment other than what the employee would have been entitled to had the leave not been taken. - (i) An employee who fraudulently obtains FMLA leave is not protected by FMLA's job restoration or maintenance of health benefits provisions.
006-10 Wyo. Code R. § 10-16