006-6 Wyo. Code R. § 6-1

Current through April 27, 2019

Section 6-1 - Vacation Leave

(a) Accrual Base Rates. Vacation leave accrual base rates shall be determined by the amount of completed continuous service as follows:

0	through 48 months	-	8 hours per month
49	through 108 months	-	10 hours per month
109	through 168 months	-	12 hours per month
169	through 228 months	-	14 hours per month
229	or more months	-	16 hours per month

(b) Service Credits to Rehired Employees. Service Credits for non-continuous service shall be granted to a rehired employee claiming prior Executive, Judicial or Legislative Branch service followed by a separation, upon the completion of twenty-four (24) months continuous service since the most recent entrance to State employment:

• (i) Prior service shall be on record with the Wyoming Retirement System or shall be otherwise verified through the Human Resource Division by the employee, agency or branch;

• (ii) Service credits shall be given for any calendar month during which work was actually performed;

• (iii) Reinstatement of service credits shall be limited to a one-time occurrence. Employees who leave state service after receiving reinstatement of service credit shall forfeit all prior service if subsequently rehired.

(c) Monthly Accrual Rates.

• (i) Permanent employees, probationary employees, and at-will employees, except executive employees, at-will employees at the Governors office, and at-will contract employees, shall accrue vacation leave according to the number of hours worked in the month;

• (ii) Temporary employees shall accrue vacation 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 Governors office shall follow the Executive Leave Policy;

• (iv) Intermittent employees, emergency employees, interns, and at-will contract employees shall not accrue vacation 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 the employees accrual base rate, this total is divided by 160;

• (vi) The following rates shall be used:

  160 or more hours	-	100% of base rate
  40 through 159 hours	-	Prorated according to formula
  39 or less hours	-	0% of base rate

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

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

(d) Authorized Use. Agency management shall consider the needs of the employee and the staffing requirements of the agency in approving vacation leave:

• (i) Vacation leave shall not be authorized for periods of incarceration;

• (ii) An agency head may authorize an employee terminating for any reason other than disciplinary reasons to use accrued unused vacation leave beyond the employees actual last day of work or service to the state in lieu of receiving payment for the unused balance.

(e) Interagecy Appointments. An employee who is appointed to a position in a different agency shall not lose any unused vacation leave as a result of the interagency transfer, promotion, or reappointment.

(f) 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 vacation leave. The employee shall accrue vacation leave according to established Executive Branch rates for completed continuous service which shall include continuous service credited while employed by the other branch:

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

• (ii) Absent a reciprocal personnel policy, accrued vacation 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.

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

(h) Maximum Accrual. On December 31 of each year, accrued unused vacation leave in excess of the carry-over maximum shall be reduced to this maximum and the employee shall forfeit the right to use this excess leave. The carry-over maximum, which depends upon completed State service, is determined as follows:

Completed State Service		Carry-Over Maximum
0 through 108 months	-	240 hours (30 days)
109 through 168 months	-	288 hours (36 days)
169 through 228 months	-	336 hours (42 days)
229 or more months	-	384 hours (48 days)

006-6 Wyo. Code R. § 6-1

Amended, Eff. 1/28/2015.