The rule in Wyoming
The rule comes from Wyo. Stat. §§ 27-4-507, 27-4-501(a)(iii).
Use-it-or-lose-it. We found no Wyoming statute or agency rule on use-it-or-lose-it policies, so the employer’s written policy usually decides.
What to check in your policy
Look for a written clause on unused vacation at separation. If there is none, the time is generally owed. If there is one, it usually decides, so read what it says about quitting, being let go and notice periods.
Tax on a Wyoming payout
A payout is taxable wages. Take 80 unused hours at $25.00 an hour, worth $2,000.00. Paid on top of regular wages, it is a supplemental payment, so many employers withhold $440.00 of federal income tax at the flat 22% rate, plus $124.00 of Social Security and $29.00 of Medicare, leaving about $1,407.00.
Wyoming does not tax wage income, so that is close to what you receive. Withholding is not the final tax; any difference is settled on your return.
Questions people ask
Does Wyoming require employers to pay out unused PTO?
Usually. In Wyoming, accrued unused vacation must be paid when you leave unless the employer's written policy says accrued vacation is forfeited at termination and you acknowledged that policy in writing.
Is use-it-or-lose-it vacation legal in Wyoming?
Usually, if the written policy says so. We found no Wyoming statute or agency rule on use-it-or-lose-it policies, so the employer’s written policy usually decides.
How is a PTO payout taxed in Wyoming?
Federally, a payout on top of regular wages is a supplemental payment: many employers withhold 22% for income tax, plus Social Security and Medicare. Wyoming does not tax wage income, so no state income tax is withheld.