74:840-2.20
A. The Administrator of the Office of Personnel Management
shall promulgate such emergency and permanent rules regarding
leave and holiday leave as are necessary to assist the state and
its agencies.
The Administrator of the Office of Personnel Management, in
adopting new rules, amending rules and repealing rules, shall
ensure that the following provisions are incorporated:
1. Eligible employees who enter on duty or who are reinstated
after a break in service shall receive leave benefits in
accordance with the schedule outlined below. Leave will be
accrued on a monthly basis and prorated, as appropriate, for
less than full-time service. Years of service shall be based on
cumulative periods of employment calculated in the manner that
cumulative service is determined for longevity purposes pursuant
to Section 840-2.18 of this title.
2. From the effective date of this act [11/1/01], the
following accrual rates and accumulation limits apply to
eligible employees as follows:
|
ACCRUAL
RATES
|
ACCUMULATION
LIMITS
|
|
Cumulative
Years of
Service
|
Annual
Leave
|
Sick
Leave
|
Annual
Leave
|
|
Persons
employed
|
|
|
|
|
|
|
|
|
0-5
yrs
|
=15
day/yr
|
15
days/yr
|
30 days
|
|
5-10
yrs
|
=18
day/yr
|
15
days/yr
|
60
days
|
|
10-20
yrs
|
=20
day/yr
|
15
days/yr
|
60
days
|
|
over
20 yrs
|
=25
day/yr
|
15days/yr
|
60
days
|
3. Temporary employees and other limited term employees are
ineligible to accrue, use, or be paid for sick leave and annual
leave. Such employees shall be eligible for paid holiday leave
at the discretion of the appointing authority.
4. Employees shall not be entitled to retroactive
accumulation of leave as a result of amendments to this section.
Effective September 1, 1994, employees shall be eligible to
accrue leave pursuant to paragraph 1 of this subsection.
5. The Administrator of the Office of Personnel Management
and the Executive Director of the Oklahoma Merit Protection
Commission shall cooperate to assist agencies in developing
policies to prevent violence in state government workplaces
without abridging the rights of state employees. Such policy
shall include a paid administrative leave provision as a
cooling-off period which the Administrator of the Office of
Personnel Management is authorized to provide pursuant to the
Administrative Procedures Act. Such leave shall not be charged
to annual or sick leave accumulations.
6. State employees who terminated their employment in the
state service on or after October 1, 1992, may be eligible to
have sick leave accrued at the time of termination of employment
restored if they return to state employment, provided that the
state employees' enter-on-duty dates for reemployment occur on
or before two (2) years after their termination of employment
and they are eligible to accrue sick leave before the two (2)
years expire.
7. Persons subject to the University Hospitals Authority
Model Personnel System shall be exempt from the provisions of
this section.
8. Employees who are volunteer firefighters pursuant to the
Oklahoma Volunteer Firefighters Act and who are called to fight
a fire shall not have to use any accrued leave or need to make
up any time due to the performance of their volunteer
firefighter duties.
B. Nothing in the Oklahoma Personnel Act is intended to
prevent or discourage an appointing authority from disciplining
or terminating an employee due to abuse of leave benefits or
absenteeism. Appointing authorities are encouraged to consider
attendance of employees in making decisions regarding
promotions, pay increases, and discipline.
C. Upon the transfer of a function in state
government to an entity outside state government, employees may,
with the agreement of the outside entity, waive any payment for
leave accumulations to which the employee is
entitled and authorize the transfer of the leave accumulations
or a portion thereof to the outside entity.
