006-10 Wyo. Code R. § 10-2

Current through April 27, 2019

Section 10-2 - Sick Leave

(a) Monthly Accrual Rates.

• (i) Permanent employees, probationary employees, at-will employees, except executive employees, at-will employees at the Governor's office, and at-will contract 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 continuous employment, according to the number of hours worked in the month.

• (iii) Executive employees and at-will employees at the Governor's office shall follow the Executive Leave Policy.

• (iv) Intermittent employees, emergency employees, student interns, and at-will contract employees shall not accrue sick leave.

• (v) 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.

• (vi) 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

• (vii) Time elapsed while an employee is on any authorized paid leave, except educational leave, shall be considered hours worked for purposes of this section.

• (viii) Accrued sick leave is not available for use until the following month after the accrual period. Sick leave is accrued only after the employee works the required time during the month.

(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.

• (ii) The agency shall deduct from an employee's compensatory time, if available, otherwise from their vacation leave balance for any of the reasons listed in 2(b) above when the employee's sick leave balance is insufficient to cover the authorized absence from work.

(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 listed in 2(b) above.. 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.

• (i) An agency head shall not approve the use of sick leave for end of service leave.

(e) Donation. An agency head or designee, after determining that the employee has a legitimate reason to be absent and the employee does not have a documented history of abusing leave, may request donated sick leave from the agency and may request donated sick leave from other state employees for an employee who has exhausted all of their accrued sick leave, compensatory time vacation leave and all other available leave.

• (i) 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.

• (ii) Donations between immediate family members who are State employees are not subject to the sixteen (16) hour maximum.

• (iii) 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.
  • (A) Donations to employees in agencies other than the donor's agency shall be approved by the donee's agency head or designee.

• (iv) Employees shall have depleted all of their sick, vacation, or other available leave prior to use of donated sick leave.

• (v) 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) An employee of an entity participating in the state health insurance program may donate accrued sick leave to an employee of another entity participating in the state health insurance program if authorized by reciprocal personnel policies adopted by the appropriate entities.

• (i) A copy of the personnel policies authorizing the interbranch donation of sick leave shall accompany the request for donated sick leave between participating entities.

(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.

• (i) An employee who is appointed without a separation to the State Judicial or Legislative Branch may be allowed to transfer unused accrued sick leave if authorized by reciprocal personnel policies adopted by the appropriate entities. A copy of the personnel policies authorizing the interbranch transfer of sick leave shall accompany the request to transfer the leave.

• (ii) Absent a reciprocal personnel policy, accrued sick leave for Executive Branch employees transferring to the State Judicial or Legislative Branch shall be paid off at the time of transfer in accordance with the State Compensation Policies.

(i) An employee appointed to or from the University of Wyoming shall not be allowed to transfer unused accrued sick leave and shall be paid out in accordance with the State Compensation Policies or applicable University of Wyoming Policy.

006-10 Wyo. Code R. § 10-2