Military and Emergency Services Leave Law Summaries

52-7200

Military and Emergency Services Leave Law Summaries

Wyoming's military leave law (Military Service Relief Act) is codified in the Wyoming Statutes Annotated at Title 19, Chapter 11, Article 1. The full text of the law is available beginning at Wages-Hours 53-58,001 .

COVERAGE

Private and public employers are covered.

WHAT THE EMPLOYER MUST DO

Military leave

Any employee who leaves employment to perform service in the uniformed services must be treated as being on military leave, provided that he or she applies for reemployment (Sec. 19-11-107). Any member of the Wyoming national guard or U.S. military forces reserve who is an officer or employee of the state or any political subdivision, municipal corporation or any public agency or entity of the state, including, effective July 1, 2007, community colleges, shall be given a military leave of absence with pay at the regular salary or wage which the employee normally receives, not to exceed 15 calendar days in any one calendar year to perform service in the uniformed services in addition to any other leave or vacation time to which the person is otherwise entitled. Public employees who have been employed for one year and who are members of the national guard or any other component of the military forces of the state, members of the reserve forces of the U.S. or who are inducted into the military service of the U.S., are entitled to leave of absence while engaged in active military training or service ordered or authorized by proper authority exceeding 15 days in any calendar year. Such leave is in addition to any other military leave or vacation time to which the officer or employee may be entitled by law if the required military service is satisfactorily performed (Sec. 19-11-108, as amended by Ch. 23 (H. 18), L. 2007, effective July 1, 2007).

Reemployment. --An employer is not required to reemploy a person if the employer demonstrates that (Sec. 19-11-111):

(1) the employer's circumstances have so changed as to make reemployment impossible or unreasonable;

(2) the reemployment would impose an undue hardship on the employer; and

(3) the employment from which the person leaves to serve in the uniformed services is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely for a significant period.

There are specific documentation requirements relating to reemployment. Employees restored to employment may not be discharged without cause within one year after such restoration or reemployment (Sec. 19-11-111).

Public employees. --When an officer or employee takes military leave exceeding 15 days in a calendar year and completes the military service, he or she must be reinstated to the public position held at the time of entry into service or a like position, if available, upon the following conditions (Sec. 19-11-108, as amended by Ch. 23 (H. 18), L. 2007, effective July 1, 2007):

(1) the position has not been abolished or the term of the position, if limited, has not expired;

(2) the person is not physically or mentally disabled from performing the duties of the position;

(3) the person makes written application for reinstatement to the appointing authority within 30 days following release from military service or within 90 days after discharge from hospitalization or medical treatment that immediately follows the termination of, and results from, the service but not to exceed one year and 90 days after termination of service notwithstanding hospitalization or medical treatment;

(4) the person submits an honorable discharge or other release by proper authority indicating his or her military service was satisfactory; and

(5) the military service does not exceed four years (five years, effective July 1, 2007) plus any period of additional service imposed by law.

No officer or employee reinstated shall be removed or discharged within one year thereafter except for cause (Sec. 19-11-108).

Discrimination. --Discrimination based on membership or service in the military is prohibited (Sec. 19-11-104).

Pay/benefits. --Private and public employers are authorized to pay compensation to employees on military leave. If an employer does so, it must pay on a uniform basis to all employees on military leave (Sec. 19-11-106). The employee, at his or her option, may use any amount or combination of his or her accrued annual leave, paid military leave, vacation or compensatory leave standing to his or her credit during the period of military leave. The employee continues to accrue sick leave, annual leave, vacation leave or military leave on the same basis as he or she would have accrued such leave during the period of military service. No employer may deduct, from the compensation paid to an employee on military leave, any cost of replacing the employee during the leave (Sec. 19-11-107). Private and public employees on military leave have the right to maintain any life or health insurance provided by their employer, as long as they make any required contributions (Sec. 19-11-109).

Any member of the Wyoming national guard or U.S. military forces reserve who is an officer or employee of the state or any political subdivision, municipal corporation or any public agency or entity of the state, shall be given a military leave of absence with pay not to exceed 15 calendar days in any one calendar year to attend duly authorized encampments, training cruises and similar training programs in addition to any other leave or vacation time to which the person is otherwise entitled. Public employees who have been employed for one year and who are members of the national guard or any other component of the military forces of the state, members of the reserve forces of the U.S. or who are inducted into the military service of the U.S., are entitled to leave of absence without pay but without loss of seniority, status, efficiency rating, vacation, sick leave or other benefits while engaged in active military training or service ordered or authorized by proper authority exceeding 15 days in any calendar year. Such leave is in addition to any other military leave or vacation time to which the officer or employee may be entitled by law if the required military service is satisfactorily performed (Sec. 19-11-108).

Executive Order (2005-2) (Public employment military leave; compensation and benefits for those called to active duty on or after September 11, 2001). --Every state employee who took a leave of absence from state employment on or after September 11, 2001, to perform service in the uniformed services, upon proper application, shall be eligible to receive an amount equal to the difference between their monthly base pay in state employment at the time they left state employment and their monthly base pay in the uniformed services. The agency or department for which the employee worked shall be responsible for the payment.

Nothing contained herein shall be interpreted in any manner to diminish the rights granted under Title 19 of the Wyoming Statutes.

The employing agency of any state employee currently covered by state health insurance who took a leave of absence from employment on or after September 11, 2001, to perform service in the uniformed services shall continue to pay the employer's contributions during the time of absence for any such employee who elects to continue coverage under the state health insurance plan.

Any employee who took a leave of absence from state employment on or after September 11, 2001, to perform service in the uniformed services shall have the right to maintain any applicable life insurance available through the State of Wyoming by furnishing the employer the sums equal to that which would have been deducted from his or her compensation for such coverage.

In accordance with 26 U.S.C.A. 414(u)(2)(a), after reemployment of any employee who took a leave of absence from state employment on or after September 11, 2001, to perform service in the uniformed services, the employee will be given the opportunity to make additional deferrals within the time limits of the federal law and the employing agency shall make any matching contributions which would have been required had such deferral actually been made during the period of such qualified military service.

Any state employee who took a leave of absence from state employment on or after September 11, 2001, to perform service in the uniformed services shall be entitled to all vacation leave accrued during the period of such military service, and shall not be subject to the leave forfeiture requirement of Chapter 10, Section (g) of the State of Wyoming Personnel Rules during the period of such military service.

State agencies shall provide 15 working days of military leave with pay under Sec. 19-11-108(a) of the Wyoming Statutes to qualified state personnel per calendar year in accordance with the current Personnel Rules and FORMAL ATTY. GEN. OPINION NO. 78-42 (Executive Order 2005-2, effective until October 31, 2007, unless sooner rescinded).

NOTICE

Any person who is absent from employment due to military leave is entitled to reemployment within 10 days of application for reemployment if all of the following conditions are met (Sec. 19-11-111, as amended by Ch. 3 (H. 9), L. 2005, effective July 1, 2005):

(1) the person or the authorized officer of the uniformed service in which the service is performed has given advance written or verbal notice of service to the person's employer;

(2) the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of military service does not exceed five years;

(3) the person reports to, or submits an application for reemployment to, the employer.

These provisions apply to a person who is absent from a position of employment for military leave if the person's cumulative period of military service with respect to the employer relationship for which a person seeks reemployment does not exceed five years, except that the period of service shall not include any service (Sec. 19-11-111, as amended by Ch. 3 (H. 9), L. 2005, effective July 1, 2005):

(1) that is required, beyond five years, to complete an initial period of obligated service;

(2) during which the person was unable to obtain orders releasing the person from military service before the expiration of the five-year period and the inability was through no fault of the person;

(3) performed to fulfill additional training requirements determined to be necessary for professional development or for completion of skill training or retraining; or

(4) performed by a member of a uniformed service who has been (a) ordered to or retained on active duty in time of war or national or state emergency; (b) ordered to or retained on active duty other than for training under any provision of law during a war or during a national emergency declared by the president or the congress or emergency declared by the governor; or (c) ordered to active duty in support of a critical mission or requirement of the uniformed services.

Upon completion of military service, an employee must notify his or her employer of the employee's intent to return to a position of employment with the employer as follows (Sec. 19-11-111):

(1) in the case of a person whose period of military service was less than 31 days, by reporting to the employer in the following manner: (a) not later than the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and the expiration of eight hours after a period allowing for the safe transportation of the person from the place of that service to the person's residence; (b) as soon as possible after the expiration of the eight-hour period referred to just above, if reporting within that period is impossible or unreasonable through no fault of the person;

(2) in the case of a person who is absent from employment for a period of any length for the purposes of an exam to determine the person's fitness to perform service in the uniformed services, by reporting in the manner and time referred to in item (1) just above;

(3) in the case of a person whose period of military service was for more than 30 days but less than 181 days, by submitting an application for reemployment with the employer not later than 14 days after the completion of the period of service or if submitting such application within such period is impossible or unreasonable through no fault of the person, the next first full calendar day when submission of such application becomes possible; or

(4) in the case of a person whose period of military service was for more than 181 days, by submitting an application for reemployment with the employer not later than 90 days after the completion of the period of service.

There are special reemployment reporting time provisions for employees with military service-related injuries/illnesses. Notice is not required if precluded by military necessity or if otherwise impossible or unreasonable (Sec. 19-11-111).

DEADLINES

See NOTICE above.

ENFORCEMENT

In the case of an action against the state, the district court in which the state or any of its political subdivisions exercises authority or conducts its business has jurisdiction to hear actions to enforce the military leave law. In the case of a private employer, the appropriate district court is the district court for any district in which the person in military service is employed. Employers may be required to compensate for lost wages and benefits (Sec. 19-11-121).