Title 530
Office of Personnel Management
Chapter 10 -- Merit System of Personnel Administration Rules
 (OPM Full Text As Amended July 1, 2008 -- UNOFFICIAL)

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SUBCHAPTER 15. TIME AND LEAVE

PART 1. GENERAL PROVISIONS

Section
530:10-15-1. Purpose [EMER. EFF. 01/24/05]
530:10-15-2. General leave provisions
530:10-15-3. Attendance

PART 3. ANNUAL AND SICK LEAVE POLICIES

530:10-15-10. General annual and sick leave policies [EMER. EFF. 01/24/05]
530:10-15-11. Annual leave [AMENDED EFF. 7/15/06]
530:10-15-12. Sick leave [EMER. EFF. 01/24/05]

PART 5. MISCELLANEOUS TYPES OF LEAVE

530:10-15-40. Enforced leave
530:10-15-41. Organizational leave
530:10-15-42. Educational leave
530:10-15-43. Holidays [AMENDED EFF. 7/11/04]
530:10-15-44. Military leave of absence and restoration to position
530:10-15-45. Family and medical leave
530:10-15-46. Court and jury services
530:10-15-47. Leave of absence without pay
530:10-15-48. Involuntary leave without pay (furlough)
530:10-15-49. Leave and first preference due to work related illness or injury
530:10-15-50. Administrative leave
530:10-15-51. Disaster relief volunteer leave
530:10-15-52. Leave sharing
530:10-15-53. Disaster leave due to the explosion at the Alfred P. Murrah Federal Building on April 19, 1995 [EXPIRED]
530:10-15-54. Paid administrative leave due to physical injury caused by the explosion at the Alfred P. Murrah Federal Building on April 19, 1995 [EXPIRED]
530:10-15-55. Paid administrative leave for state employees as the result of the bombing at the Alfred P. Murrah Federal Building on April 19, 1995 [REVOKED]
530:10-15-56. Paid administrative leave to attend trial of defendants charged with bombing of the Alfred P. Murrah Federal Building [EXPIRED]
530:10-15-57. Paid leave for state employees affected by national disasters [AMENDED EFF. 7/1/01]

PART 7. LEAVE WHEN OFFICES ARE CLOSED OR SERVICES ARE REDUCED

530:10-15-70. Leave when state agency services are temporarily reduced or when a state office is temporarily closed
530:10-15-71. Leave when an office is temporarily closed due to unsafe working conditions (paid administrative leave)
530:10-15-72. Leave when services are temporarily reduced due to hazardous weather conditions (automatically allowed authorized absences) [REVOKED]

PART 1. GENERAL PROVISIONS

530:10-15-1. Purpose
The purpose of the rules in this Subchapter is to establish leave regulations [74:840 1.6a(11); 74:840-2.20] for classified and unclassified employees of the State of Oklahoma who are subject to leave rules. [O]ffices and positions of the State Senate and House of Representatives shall not be subject to . . . [the Merit Rules governing] involuntary leave without pay or furlough . . . No person chosen by election or appointment to fill an elective office shall be subject to any leave plan or regulation or shall such person be eligible for accrual of any leave benefits [74:840 5.1]

530:10-15-2. General leave provisions
(a) Employees are responsible for following applicable Merit Rules and agency policy established in accordance with the Merit Rules when they request and use leave. Appointing Authorities have the authority and responsibility to monitor employee's leave usage and to take appropriate action when they have facts to show that an employee has abused leave or used leave fraudulently. Except as otherwise provided by law and the Merit Rules, agency policy regarding time and leave must be applied uniformly to all employees.

(b) All classified employees remain subject to the provisions of the Oklahoma Personnel Act while on leave.

(c) An employee who is requested or required by the Appointing Authority to undergo drug or alcohol testing during his or her normal hours of work shall be entitled to time-off from work without loss of compensation or leave.

530:10-15-3. Attendance
The Appointing Authority in each agency shall establish the working days, hours of attendance and place of work for employees within the agency, and may make other policies in regard to attendance as necessary. The Appointing Authority must make such policies known to employees.

(1) Attendance of employees may be considered by the Appointing Authority in decisions regarding promotions, pay increases, and discipline [74:840-2.20].
(2) Abuse of leave benefits or failure to maintain regular attendance may be grounds for dismissal. [74:840-2.20].
(3) Attendance policies shall be in compliance with the Family and Medical Leave Act of 1993 (29 U.S.C, 2654 et seq.) and the use of approved FMLA leave shall not be considered a negative factor in employment actions.

PART 3. ANNUAL AND SICK LEAVE POLICIES

530:10-15-10. General annual and sick leave policies
(a) Permanent and probationary classified employees and regular unclassified employees are eligible for annual leave and sick leave with full pay according to law and the rules in this Chapter. Temporary employees and other limited term employees are ineligible to accrue, use or be paid for sick leave and annual leave [74:840 2.20(A)(3)].

(b) The tables in Appendix B of this Chapter list leave accrual rates and accumulation limits. OAC 530:10 15 11 and 530:10 15 12 also govern annual and sick leave.

(c) Annual and sick leave accrual rates and accumulation limits are based on cumulative periods of employment calculated in the manner that cumulative service is determined for longevity purposes [74:840 2.20(A)(1)]. For purposes of this Subchapter and the longevity pay program, cumulative service shall be calculated as prescribed in this subsection.

(1) State employment with any classified or unclassified agency in any branch of state government including service under the administrative authority of the Regents for Higher Education and the Department of Vocational and Technical Education shall be qualifying for purposes of calculating cumulative service. Cumulative service includes periods of part-time qualifying employment in excess of 2/5 time that were continuous for at least 5 months and any period of full-time employment described in (A) through (G) of this paragraph:
    (A) Employment as a permanent classified employee;
    (B) Employment as a probationary classified employee;
    (C) Employment as a regular unclassified employee;
    (D) Temporary or other time-limited unclassified employment;
    (E) Paid leave;
    (F) Leave without pay of 30 continuous calendar days or less; and
    (G) Leave without pay in excess of 30 calendar days taken under Section 840 2.21 of Title 74 of the Oklahoma Statutes. Any other leave without pay in excess of 30 calendar days shall not be counted as cumulative service.
(2) Periods of service that are described in (1) of this subsection, shall be combined for purposes of determining cumulative service and the total shall be expressed in whole years. Partial years, less than 12 months, are dropped.

(d) Annual leave and sick leave shall accrue only when an employee is actually working, on authorized leave with pay, or during the time the employee is using paid leave to supplement workers compensation benefits under Section 2e of Title 85. Leave shall not accrue after the last day the employee works.

(e) An employee using paid leave to supplement workers compensation benefits under Section 2e of Title 85 of the Oklahoma Statutes shall be in leave without pay status.

(f) An Appointing Authority may terminate an employee who is absent from work after the employee has exhausted all of his or her sick and annual leave accumulations unless the absence is covered by 530:10 15 45 or 530:10 15 49. Termination of a permanent classified employee under this subsection is subject to the pretermination hearing requirements of Section 840 6.4 of Title 74 of the Oklahoma Statutes. This subsection does not prevent an Appointing Authority from granting leave without pay according to 530:10 15 47.

Appendix B is reprinted here for the convenience of our readers.
APPENDIX B. SCHEDULE OF ANNUAL AND SICK LEAVE ACCUMULATION LIMITS AND YEARLY ACCRUALS

 

 

530:10-15-11. Annual leave
(a) Annual leave is intended to be used for vacations, personal business, and other time off work not covered by other paid leave or holiday provisions. An employee may charge family and medical leave, taken in accordance with 530:10-15-45, against annual leave accumulations.

(b) Eligible employees shall accrue annual leave based upon hours worked (excluding overtime), paid leave, and holidays [74:840-2.20] in accordance with 530:10-15-10 and the provisions in this subsection, not to exceed the total possible work hours for the month. The hourly rate is equal to the annual accrual divided by the number of work hours in the current year. Annual leave earned during one pay period shall not be available for use until the beginning of the following pay period.

(1) Annual leave shall be applied for by the employee and shall be used only when approved by the Appointing Authority.
(2) Part-time employees shall accrue annual leave in an amount proportionate to that which would be accrued under full-time employment [74:840-2.20].
(3) Annual leave earned during a pay period shall be prorated based upon the number of hours (excluding overtime hours) an employee is on the payroll [74:840-2.20].
(4) An Appointing Authority may require an employee to take annual leave whenever in the administrative judgment of the Appointing Authority such action would be in the best interests of the agency; except that the employee shall not be required to reduce accrued annual leave below 5 days. An Appointing Authority shall not apply this rule in lieu of 530:10-11-120. Leaves of absence for internal investigatory purposes shall be administered according to 530:10-11-120.
(5) Unused accrued annual leave shall be accumulated for no more than the maximum leave accumulation limits specified in 530:10-15-10, except as provided in this paragraph. Employees may accumulate more than the maximum annual leave accumulation limits shown in the schedule, provided that such excess is used during the same calendar year in which it accrues or within twelve months of the date on which it accrues, at the discretion of the Appointing Authority. Employees shall not be paid for excess leave above the accumulation limit; such excess accumulations shall be used for leave purposes in the agency where it was accrued or, if an employee was transferred to an agency by statute or executive order, in the agency to which the employee was transferred regardless of where the leave was accrued, only while the employee is continuously employed.
(6) Annual leave shall not be taken in advance.
(7) An employee who transfers to another agency may have accrued annual leave transferred at the option of the Appointing Authority to which transferred, or such Appointing Authority may require that all or a portion of the annual leave be paid by the agency from which the employee is transferred before the transfer. The amount of annual leave paid by the agency from which the employee is transferred and the amount of annual leave transferred with the employee shall not exceed the accumulation limits established in Section 840-2.20 of Title 74 of the Oklahoma Statutes.
(8) Any employee who is separated from the state service shall be paid or shall have payment made to the employee's estate for any annual leave accumulated up to and including the accumulation limit except as otherwise provided in the Merit Rules. . At no time shall any employee resigning from one position to accept another position within the same agency be paid for accrued annual leave unless there has been a break in service of more than thirty days.
(9) Annual leave shall be charged against an employee's annual leave balance based on the amount of time an employee is absent from work during the employee's assigned work schedule. Holidays falling within a period of annual leave shall not be charged to annual leave.
(10) Any probationary or permanent employee who leaves the employ of an agency shall receive payment for the accrued number of hours of annual leave in accordance with the hourly rate. Payment may only be withheld pending settlement of a legal debt to the agency. If a person is reemployed by the State within a period of 30 calendar days from the date of separation, any portion of the accumulated annual leave which has not yet been paid may be reinstated.

530:10-15-12. Sick leave
Eligible employees shall accrue sick leave based upon hours worked (excluding overtime), paid leave, and holidays [74:840-2.20(A)(1)] according to 530:10-15-10 and this Section, not to exceed the total possible work hours for the month. The hourly rate is equal to the annual accrual divided by the number or work hours in the current year. Sick leave earned during one pay period shall not be available for use until the beginning of the following pay period.

(1) Sick leave means a period when the employee cannot work because of sickness, injury, pregnancy, or medical, surgical, dental or optical examination, or treatment, or where the employee's presence at work would jeopardize the health of the employee or others. An employee may charge family and medical leave, taken in accordance with 530:10-15-45, against sick leave accumulations.
(2) An employee shall not use sick leave for annual leave.
(3) An employee shall not use sick leave before it is accrued.
(4) Immediately on return to work, an employee who has been absent on sick leave shall give the Appointing Authority a signed statement that the absence was due to reasons listed in (1) of this Section. If an absence exceeds 3 working days, the employee shall give the Appointing Authority a physician's statement unless the Appointing Authority waives it. For shorter absences, the Appointing Authority may require the employee to supply proof the absence was consistent with (1) of this Section. Sick leave shall not be granted until approved by the Appointing Authority. An Appointing Authority shall approve sick leave unless there are facts to show that an employee abused sick leave privileges or the employee failed to supply requested evidence of illness.
(5) Sick leave shall be charged against an employee's sick leave balance based on the amount of time an employee is absent from work during the employee's assigned work schedule. Holidays, or the scheduled days off for holidays, occurring within a period of sick leave shall not be charged to sick leave.
(6) Sick leave earned during a pay period shall be prorated according to the number of hours (excluding overtime) an employee is on the payroll [74:840-2.20(A)(1)].
(7) Part-time employees shall accrue sick leave in an amount proportionate to that which would have accrued under full-time employment [74:840-2.20(A)(1)].
(8) When an employee transfers from one agency to another, the Appointing Authority of the receiving agency shall give the employee credit for all unused sick leave accumulations.
(9) Employees shall not be compensated for accumulated sick leave when they separate from state service.
(10) If an absence because of illness or injury extends beyond the sick leave an employee has accumulated, the Appointing Authority may charge additional absence to the employee's annual leave accumulations.
(11) Unless it is against the law, an Appointing Authority shall approve sick leave when an employee is absent due to illness or injury and receiving Oklahoma State Workers Compensation benefits.
(12) If an employee leaves the state service on or after October 1, 1992, and is reemployed within a period of 2 years from the date of separation, the Appointing Authority may reinstate all or a part of the unused sick leave accumulated during the previous period of continuous employment with the state [74:840-2.20(A)(7)].
(13) There is no limit on sick leave accumulations.

PART 5. MISCELLANEOUS TYPES OF LEAVE

530:10-15-40. Enforced leave
The Appointing Authority may grant a probationary or permanent employee time off from regular duties, with compensation for absence necessary when some member of his or her immediate family or household requires the employee's care because of illness or injury, or in the case of death in the immediate family or household or in the case of personal disaster. Enforced leave shall also be granted in accordance with 530:10 15 72. Enforced leave shall be charged against the employee's sick leave and may not be granted in excess of accumulated sick leave. The number of days granted will be governed by the circumstance of the case, but in no event shall they exceed 10 working days in any calendar year.

530:10-15-41. Organizational leave
(a) A permanent classified employee or a regular unclassified employee shall be entitled to take leave with pay for not to exceed three (3) days a year to attend meetings of job-related professional organizations of which that employee is a member upon receiving permission from the appointing authority. The denial by an appointing authority . . . [of] organizational leave shall be in writing and state the reasons for denying said leave [74:840 2.25(A)].

(b) The leave authorized by this section shall not be used for lobbying activities which include the lobbying of legislative or executive branch elected officials within state-owned or leased buildings [74:840 2.25(B)].

530:10-15-42. Educational leave
Educational leave with pay may be granted at the discretion of the Appointing Authority for a period not to exceed 1 year, provided, however, the Appointing Authority may grant such extensions of leave as may appear best to serve the interests of the agency. Extensions shall not be for more than 1 additional year. On educational leave, annual and sick leave shall accrue. The Appointing Authority may also grant leave of absence without pay for educational purposes.

530:10-15-43. Holidays
(a) Holidays shall be granted in accordance with state law and the Governor's proclamations as they are observed by the individual agencies in accordance with their work load and policies.

(b) To be eligible to receive holiday pay, an employee shall be in pay status or on furlough for the entire regularly-scheduled workday either the workday before or the workday after the holiday. An employee shall not be eligible to be paid for holidays which occur either before the employee's entry on duty date or after the last day the employee works. The receiving Appointing Authority shall pay an employee who transfers from another agency for any holidays occurring after the last day worked in the sending agency. An employee who is recalled, reemployed, or reinstated shall not be paid for any holiday occurring after the last day worked while previously employed and before entry on duty.

(c) Appointing Authorities shall pay full-time employees for holidays based on an 8-hour workday. Full-time employees who are eligible for holiday pay under (b) of this Section and who are scheduled to work either more or less than 8 hours on a holiday shall receive the equivalent of 8 hours of holiday pay or compensatory time off.

(d) Appointing Authorities shall prorate holiday pay for part-time employees based on one of the following methods:

(1) Holiday pay as a percentage of normally scheduled hours worked divided by full-time hours; or
(2) Holiday pay equal to regular pay for hours normally worked if a holiday occurs on a normally scheduled work day.

(e) If a full-time or part-time employee's scheduled hours worked plus holiday hours total less than the employee's normally scheduled hours during the workweek, the Appointing Authority shall account for the difference exercising one or more of the following options:

(1) Work additional hours during the same workweek;
(2) Charge to accumulated annual leave; or
(3) Record as leave without pay under 530:10-15-47.

(f) If an employee's scheduled hours worked plus holiday hours are more than 40 hours in a workweek, the Fair Labor Standards Act requires that only hours actually worked be counted as hours worked in accordance with the Fair Labor Standards Act and 530:10-7-12.

(g) For employees who are required to work in fire suppression duties on a holiday, the Appointing Authority shall pay the employee for the holiday based on an 8-hour workday times the employee’s base rate of pay at the time of payment. For employees who are required to work on a holiday in duties other than fire suppression and for employees whose regular day off falls on a holiday, the Appointing Authority shall either:

(1) reschedule the employee's holiday to be taken within 180 days; or
(2) pay the employee for the holiday based on an 8-hour workday times the employee's base rate of pay at the time of payment.

(h) An Appointing Authority may request an extension of the 180 days for taking holiday time off up to an additional 180 days providing the Appointing Authority submits proper documentation to the Office of Personnel Management justifying the extension. All extensions are subject to the approval of the Office of Personnel Management.

530:10-15-44. Military leave of absence and restoration to position
Military leave of absence and right to restoration to former position shall be granted in accordance with Section 209 of Title 44, Sections 25.4, 25.5 and 25.7 of Title 51, and Section 48 of Title 72 of the Oklahoma Statutes; the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C., 4301 et seq.); and such rights and privileges as these laws provide.

530:10-15-45. Family and medical leave
(a) The federal Family and Medical Leave Act of 1993 entitles eligible employees to family and medical leave. This section is not a comprehensive listing of the provisions of the federal Family and Medical Leave Act of 1993 (29 U.S.C, 2601 et seq.) and regulations promulgated thereunder, and is not intended to conflict with either the Act or the regulations. To be eligible, an employee shall have been employed by the state at least 12 months and have worked at least 1,250 hours during the preceding 12-month period.

(b) An eligible employee is entitled to family and medical leave for up to a total of 12 weeks during any 12-month period, for the following reasons:

(1) the birth of the employee’s son or daughter, and to care for the newborn child;
(2) the placement with the employee of a son or daughter for adoption or foster care;
(3) to care for the employee’s spouse, son, daughter, or parent with a serious health condition. As used in this subsection, “son” or “daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability; and
(4) a serious health condition that makes the employee unable to perform the functions of the employee’s job.
(5) any qualifying exigency (as defined by U.S. Department of Labor Regulations) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.

(c) An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 weeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period. During the single 12-month period described in this paragraph, an eligible employee shall be entitled to combined total of 26 weeks of leave under paragraph (b) and (c). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (b) during any other 12-month period.

(d) An Appointing Authority may require that an employee’s request for family and medical leave to care for the employee’s seriously-ill spouse, son, daughter, or parent, or due to the employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee’s position, be supported by a certification issued by the health care provider of the employee or the employee’s ill family member.  An Appointing Authority may require a certification issued by the health care provider of a covered servicemember being cared for by an employee.

(e) The entitlement to family and medical leave resulting from (b)(1) and (b)(2) of this Section expires at the end of the 12-month period beginning on the date of the birth or placement.

(f) When family and medical leave is taken to care for a sick family member as defined in (b)(3) of this Section, a covered servicemember as referenced in (c) of this Section, or for an employee’s own serious health condition, leave may be taken intermittently or on a reduced leave schedule when it is medically necessary. When family and medical leave is taken for a qualifying exigency as referenced in (b)(5) of this Section, leave may be taken intermittently or on a reduced leave schedule.  An Appointing Authority may adopt a policy allowing family and medical leave to be taken intermittently to care for a newborn child or newly placed adopted or foster child.

(g) Whenever it is possible, an employee shall schedule family and medical leave to accommodate the operations of the employee’s agency. An employee shall give the Appointing Authority notice and a leave request at least 30 days before leave is to begin if the need for family and medical leave is expected. In any case in which the necessity for leave under (b)(5) of this Section is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable. When the need for family and medical leave is unexpected, an employee shall give the Appointing Authority notice and a leave request as soon as possible. The notice and request shall:

(1) be in writing;
(2) refer to this Section;
(3) describe the reason for the family and medical leave;
(4) specify the type of leave the employee is requesting to account for the time off; and
(5) include any information or documentation required for the type of leave requested.

(h) The Appointing Authority has the responsibility to review requests for sick leave and leave without pay for designation as family and medical leave. The Appointing Authority has the right to designate leave taken for an FMLA-qualifying event as FMLA leave, regardless of whether the employee has requested FMLA leave. The Appointing Authority’s designation decision shall be based only on information provided by the employee or the employee’s spokesperson. In accordance with the federal Family and Medical Leave Act, the Appointing Authority shall not designate leave as family and medical leave retroactively, unless the Appointing Authority does not have sufficient information concerning the employee’s reason for taking the leave until after the leave period has begun.

(i) Family and medical leave is not a separate type of leave, and it is not accrued or accumulated. An Appointing Authority shall give employees the following options to account for time lost because of leave under the federal Family and Medical Leave Act of 1993.

(1) Charge to accumulated annual leave [74:840 2.22];
(2) Charge to accumulated sick leave [74:840 2.22];
(3) Charge to leave donated by other state employees under Section 840-2.23 of Title 74 of the Oklahoma Statutes, which is also known as “shared leave”;
(4) Charge to accumulated compensatory time. If FMLA qualifying leave is paid with an employee’s accrued compensatory time, the time shall not be charged against the employee’s FMLA entitlement [29 CFR 825.207(i)]; or
(5) Record as leave without pay in accordance with 530:10 15 47.

(j) The agency shall continue paying the employee’s insurance coverage while the employee is on family and medical leave.

(k) Upon return from family and medical leave, an employee shall have the right to be restored to the same or equivalent position and benefits, except for extension of his or her anniversary date for longevity pay, leave accrual, and calculation of retention points, he or she would have had if the employee had been continuously employed in pay status during the leave period.

(l) An employee shall not be required to take more leave than necessary to resolve the circumstance that precipitated the need for leave.

530:10-15-46. Court and jury services
(a) A state employee, directed by the proper authority or in obedience to a subpoena, shall be entitled to time-off from work without loss of compensation or leave to serve in a capacity described in paragraphs (1) through (4) of this subsection. Such time shall be counted as hours worked in accordance with the Fair Labor Standards Act and 530:10 7 12.

(1) A jury member;
(2) A witness on behalf of the federal government, the state of Oklahoma, or a political subdivision of the state;
(3) A witness or party before a state agency, board, commission, or legislative body; or
(4) A witness, party, attorney, representative, or spokesperson in the employee’s official capacity as a state employee.

(b) A state employee shall take annual leave or leave without pay, at the employee’s discretion, for the time absent to serve:

(1) as a party in private litigation;
(2) as a witness to testify as an individual or a paid expert in private litigation;
(3) as an attorney outside of the employee’s official capacity as a state employee; or
(4) in any other capacity of court and jury services not covered in subsection (a) of this Section.

(c) The Appointing Authority may require the employee to submit a copy of the subpoena, summons, or other court order or process as a prerequisite for determining whether or not leave is to be taken.

530:10-15-47. Leave of absence without pay
(a) Conditions and provisions. An Appointing Authority may approve a request from a permanent or probationary employee for leave without pay. The request shall be in writing and shall include the reasons for the leave and the estimated length of the leave requested by the employee. The approval of the leave shall also be in writing, and it shall specify the date the employee is to return to work. Leave without pay is subject to the following conditions:

(1) Leave without pay shall not be approved for more than 12 months. However, an employee on leave without pay may submit a written request for an extension before the end of the approved leave period. The Appointing Authority may grant extensions if the total length of the original leave without pay plus any extensions does not exceed 2 years. Any extension granted shall be to a specified expiration date.
(2) An employee may return to work before the specified date of return if the Appointing Authority approves a written request from the employee to return earlier.
(3) Failure of a classified employee to report for work on the specified date of return shall be cause for disciplinary action.
(4) Leave without pay for probationary employees shall be in accordance with 530:10 11 36.
(5) The Appointing Authority may cancel leave without pay at any time and require the employee to return to work before the specified date of return. The employee shall be notified of the reasons for cancellation by certified mail or personal service and given 7 calendar days to return to work. Failure of a classified employee to report for work as directed shall be cause for disciplinary action.
(6) Section 530:10 13 9 provides for a special type of leave without pay so that an employee can continue insurance coverage after a reduction-in-force. A leave without pay period in accordance with 530:10 13 9 is not subject to other Merit Rules about leave of absence without pay.
(7) If an employee is absent from work without proper authorization, the employee shall not receive pay for such absence. An Appointing Authority has the authority and responsibility to take appropriate action if fraudulent leave usage or leave abuse is detected.
(8) Leave without pay in accordance with this Section shall not for any purpose be considered a break in service.

(b) Rights upon return from leave of absence without pay. A properly executed leave of absence without pay shall accord the employee the right to be returned by the Appointing Authority to a position in the same job family and level as the original position and in the same geographical area unless waived by the employee. The layoff provisions of the Oklahoma Personnel Act and the Merit Rules shall apply if there are no positions in that job family level and geographical area or if the job family has been abolished.

530:10-15-48. Involuntary leave without pay (furlough)
(a) Policy. An Appointing Authority may place classified and unclassified employees on involuntary leave without pay (furlough) for up to a total of 184 hours in any 12 month period in accordance with this Section. An Appointing Authority may only furlough employees when it is necessary to reduce expenditures or when it is required because of a temporary decline or cessation of work activities.

(b) Required announcement of reasons for furlough. Before beginning a furlough, an Appointing Authority shall announce in writing the reasons that require it. The Appointing Authority shall post this announcement throughout the agency and send it to the Governor, the Office of Personnel Management, and the Office of State Finance. This announcement is not part of the furlough plan required in (c) of this Section, and it is not subject to the approval of the Administrator.

(c) Required plan for implementation of furlough.

(1) Before beginning a furlough, an Appointing Authority shall develop an equitable and systematic plan for the furlough and shall submit the plan to the Office of Personnel Management for review and approval. The Administrator of the Office of Personnel Management shall disapprove any plan that is not in substantial compliance with the Merit Rules.
(2) After approval of the plan by the Administrator, the Appointing Authority shall post the approved plan throughout the agency a minimum of 2 working days before furloughing any employee.
(3) The plan shall apply uniformly to employees regardless of classified or unclassified status [74:840-2.27C]. As far as possible, the Appointing Authority shall furlough all full-time employees, including those on paid leave, the same number of hours and shall prorate the number of hours for part-time employees. The Appointing Authority shall address the application of the furlough to employees who are on other types of leave without pay.

(d) Non-uniform treatment of employees. The Appointing Authority may find non-uniform treatment of employees necessary during a furlough. The Appointing Authority must certify the reasons for non-uniform treatment as described in paragraph (1) of this subsection. Paragraph (2) of this subsection describes how the Appointing Authority may limit the effect of a furlough on specified employees. Any certifications issued by an Appointing Authority shall be included in the furlough plan.

(1) Certification of reasons for non-uniform treatment.
    (A) If the Appointing Authority certifies that uniform treatment of all employees would cause undue hardship on lower paid employees and uniform treatment is not required to meet the reduced revenue levels which made the furlough necessary, the Appointing Authority may limit the applicability of a furlough on lower paid employees.
    (B) If the Appointing Authority certifies that uniform treatment of all employees would endanger public health, safety, or property, or continued operations of critical agency functions, the Appointing Authority may limit the applicability of the furlough on specified employees, positions, jobs, or organizational units as needed to avoid the danger.
    (C) If the Appointing Authority certifies that a furlough is due to a decline or loss of funding to the agency that supports specific positions, jobs, or organizational units, the Appointing Authority may limit a furlough to specific employees supported by the funding that is lost or reduced.
(2) Types of non-uniform treatment. In certifying the reasons for non-uniform treatment of employees, the Appointing Authority may use any of the following types of limits. The Appointing Authority may:
    (A) exclude specified employees from the furlough,
    (B) place specified employees on a lesser number of hours without pay than other employees,
    (C) make the furlough of specified employees subject to early cancellation or periodic call-back.

(e) Required notice to employee. The Appointing Authority shall give employees who are to be furloughed individual written notice of the furlough before its starting date. This written notice shall explain the reasons for the furlough and how the furlough will affect the employee. The notice shall also include the dates and times leave is to begin and end. A copy of this Section shall be enclosed with the written notice to the employee. If an Appointing Authority makes leave for employees subject to early cancellation or periodic call-back, the employee's notice of furlough shall describe the reasons for, and conditions of, the cancellation or call-back.

(f) Continuation of benefits while on furlough. While on furlough, employees who would otherwise accrue leave shall continue to accrue annual and sick leave as though the furlough had not occurred. The Appointing Authority shall schedule the furlough so the furlough does not interrupt the agency’s payment of the employees’ insurance premiums.

(g) Failure to return as directed cause for discipline. Failure on the part of an employee to return from such leave to his or her previous work status as directed in writing shall be cause for discipline.

(h) Appeal rights. Furlough, as provided for […] by rules adopted by the Administrator of the Office of Personnel Management, shall not be appealable under the provisions of the Oklahoma Personnel Act [74:840-2.27C].

530:10-15-49. Leave and first preference due to work related illness or injury
(a) Purpose. The purpose of this Section is to interpret Section 840 2.21 of Title 74 of the Oklahoma Statutes (Section 840 2.21). Section 840 2.21 establishes the rights and benefits of state employees who are absent from work because of an illness or injury arising out of and sustained in the course of employment with the State. These employees have a right to return to work if certain conditions are met. In applying Section 840 2.21 and this Section, employing agencies shall return an employee to work as soon as possible, either to the original position or to an alternate position if an employee, with reasonable accommodation, is unable to return to the original position.

(b) Employee eligibility. An employee shall file a claim for workers compensation benefits to be eligible [74:840 2.21].

(c) Termination of rights. All rights and benefits under Section 840 2.21 and this Section shall end 1 year after the start of leave without pay under this Section and shall end immediately if the claim for workers compensation is denied or otherwise concluded within the 1 year period [74:840 2.21].

(d) Employing agency practice, policy, and procedure. An agency's policy, procedure and practice affecting employees who file claims for workers compensation benefits shall agree with Section 840 2.21.

(e) Required notice to employees. Appointing Authorities shall give employees who report a job related illness or injury copies of this Section, Section 840 2.21, and the agency's policies and procedures for complying with this Section and the law. The procedures shall include instructions about requesting leave without pay under Section 840 2.21.

(f) Placement of employee on leave without pay. Appointing Authorities shall refer to this Section when they place an employee on leave without pay under Section 840 2.21. The Appointing Authority shall not require employees to exhaust paid sick and annual leave accumulations before placing them on leave without pay [74:840 2.21]. The Appointing Authority shall continue paying the employee's basic plan insurance coverage and dependent insurance benefit allowance while the employee is on leave without pay, and the leave shall not be a break in service [74:840 2.21].

(g) Medical reports. At least every 3 months, an employee on leave without pay under this Section shall give the Appointing Authority a medical statement as to his or her ability to perform the essential duties of the original position [74:840 2.21]. The medical statement shall be made by a physician as defined in Section 14 of Title 85 of the Oklahoma Statutes.

(h) Inability to perform essential duties of original position. If an employee on leave without pay under this Section cannot perform the essential duties of the original position, the employing agency shall give the employee first preference for other classified and unclassified positions according to Section 840 2.21.

(1) Appointing Authorities shall establish a procedure for giving employees on leave without pay under this Section first preference to fill classified and unclassified positions that do not represent a promotion to the employee, if the employee is medically able to do the essential duties and has the minimum qualifications for positions the Appointing Authority seeks to fill.
(2) The Appointing Authority’s procedure shall include either notifying an employee of all vacant classified and unclassified positions the Appointing Authority seeks to fill or allowing the Appointing Authority and the employee to agree on notice for specific positions or jobs. The procedure may require employees to submit medical reports stating their ability to perform the essential duties of specific positions or groups of positions. The Appointing Authority shall give a copy of the procedure to each employee on leave without pay under this Section.
(3) Appointing Authorities do not have to notify employees on leave without pay under this Section when the Appointing Authority fills a vacant position temporarily (by temporary unclassified appointment or detail to special duty).
(4) Before an Appointing Authority may give a classified or unclassified employee first preference for a classified position, the employee shall be certified by the Office of Personnel Management as meeting the minimum qualifications. Neither classified nor unclassified employees shall be required to compete through the open competitive process for a classified position. The Appointing Authority shall submit the necessary paperwork to the Office of Personnel Management for review.
(5) Before an Appointing Authority assigns an employee to an alternate position (a position that is not the original position), the Appointing Authority shall give the employee written notice of the requirement to return to the original position under (i) of this Section. While in an alternate position, an employee shall submit medical reports at least every 3 months and whenever the medical condition changes enough to affect his or her ability to return to the original position.

(i) Return to original position. An employee on leave without pay or working in an alternate position shall have the right to return to his or her original position according to this Section and Section 840 2.21. When a medical report indicates the employee is able to perform the essential duties of the original position, with or without reasonable accommodation, the Appointing Authority shall return the employee to the original position. The employee and the Appointing Authority may agree in writing to waive the requirement to return the employee to the original position from an alternate position.

(j) Failure to return to work.

(1) The Appointing Authority may discipline a permanent classified employee or a probationary classified employee or an unclassified employee if:
    (A) a medical report states the employee is able to do the essential duties of the original position or an alternate position (for which the employee is qualified); and
    (B) the employee does not return to work within 7 days after the Appointing Authority mails a notice to the employee's last known address or delivers a notice to the employee.
(2) If an employee does not return to the original position or an alternate position within 1 year after the start of leave without pay, the Appointing Authority may terminate the employee under Section 840 2.21. An Appointing Authority that uses Section 840 2.21 as authority to terminate an employee shall give the employee a copy of (k) of this Section. Termination of a permanent classified employee under this Section is subject to the pretermination hearing requirements of Section 840 6.4 of Title 74 of the Oklahoma Statutes.

(k) Reinstatement upon separation. A classified employee shall be eligible for reinstatement to either classified or unclassified employment with any state agency for 12 months after the date of separation under (j)(2) of this Section. An unclassified employee shall be eligible for reinstatement to unclassified employment with any state agency for 12 months after the date of separation under (j)(2) of this Section. This does not reduce eligibility under other general reinstatement or reemployment laws or rules, such as 530:10 9 102. [74:840 2.21]

530:10-15-50. Administrative leave
An Appointing Authority may place an employee on paid administrative leave as a cooling off period to defuse a potentially violent occurrence in the work place. An employee’s time on administrative leave under this Section shall not exceed 32 hours in any 12 month period. The Appointing Authority may assign work to the employee to be performed during administrative leave or may require the employee to remain available to meet with agency personnel. Administrative leave under this Section shall not be accrued or accumulated, and it shall not be charged to annual leave or sick leave. Appointing Authorities shall keep a record of the staff hours of leave granted under this Section separate from employee personnel files and report only the number of hours of paid administrative leave granted under this section to the Office of Personnel Management as requested.

530:10-15-51. Disaster relief volunteer leave
Section 840 2.24 of Title 74 of the Oklahoma Statutes establishes eligibility, standards, and procedures for disaster relief volunteer leave.

530:10-15-52. Leave sharing
Section 840 2.23 of Title 74 of the Oklahoma Statutes establishes eligibility, standards and procedures for state employees to share annual and sick leave.

530:10-15-53. Disaster leave due to the explosion at the Alfred P. Murrah Federal Building on April 19, 1995 [EXPIRED]

530:10-15-54. Paid administrative leave due to physical injury caused by the explosion at the Alfred P. Murrah Federal Building on April 19, 1995 [EXPIRED]

530:10-15-55. Paid administrative leave for state employees as the result of the bombing at the Alfred P. Murrah Federal Building on April 19, 1995 [REVOKED EFF. 7/1/99]

530:10-15-56. Paid administrative leave to attend trial of defendants charged with bombing of the Alfred P. Murrah Federal building [EXPIRED 7/14/98]

530:10-15-57. Paid leave for state employees affected by national disasters
Section 840 2.23A of Title 74 of the Oklahoma Statutes establishes eligibility, standards and procedures for paid leave for employees affected by a presidentially-declared national disaster.

PART 7. LEAVE WHEN OFFICES ARE CLOSED OR SERVICES ARE REDUCED

530:10-15-70. Leave when state agency services are temporarily reduced or when a state office is temporarily closed
(a) The rules in this Part are special leave rules which may be exercised if state offices (that is, agencies or parts of agencies) are temporarily closed or services are temporarily reduced for the safety of the public or state employees. The rules in this Part are applicable to all classified and unclassified employees of the state, including those on temporary and other limited term appointments.

(b) The rules in this Part do not prevent agencies from approving leave as usual to employees who request time off in accordance with other Merit Rules governing leave, such as sick and annual leave. The rules in this Part do not apply to agencies or employees if a voluntary or involuntary leave without pay (furlough) is in effect.

(c) Appointing authorities of affected agencies shall notify the Office of Personnel Management of agency closings and reductions in services [74:840 2.20A(C)].

530:10-15-71. Leave when an office is temporarily closed due to unsafe working conditions or hazardous weather; or when services are temporarily reduced due to hazardous weather (paid administrative leave)
(a) If agency offices are closed because of an imminent peril threatening the public health, safety, or welfare of state employees or the public, or when state offices are temporarily closed or reduced due to hazardous weather conditions, the Appointing Authority shall place employees who are scheduled to work in the affected work areas on paid administrative leave or, if applicable, shall assign them to work in another location. During their normal duty hours, employees on paid administrative leave due to unsafe working conditions are on stand-by or on-call status. Appointing Authorities may call employees to return to their normal duties or respond to the demands of the situation as necessary. [74:840-2.20A(A)]

(b) As used in this Section, paid administrative leave means leave granted to affected employees if offices of agencies are closed because of an imminent peril threatening the public health, safety, or welfare of state employees or the public, or when state offices are temporarily closed or reduced due to hazardous weather. Examples of reasons for temporarily closing an office due to unsafe working conditions are: leaks of toxic fumes in buildings; life threatening damage to building structures; or emergency operations which would be disrupted by the presence of the usual work force; or any other condition which poses a significant threat to the safety of the work force.

(c) Paid administrative leave shall be accorded to all affected employees only when a state office is temporarily closed or services are temporarily reduced due to hazardous weather in accordance with 530:10-15-70 and this Section. Upon its reopening, normal Merit Rules governing leave and agency procedures shall apply. The granting of administrative leave applies only to employees scheduled to work during the time period of the closure or reduced services. It does not apply to employees who are absent during the closure or reduction on any previously approved leave. Employees who are not eligible to accrue leave, such as temporary employees, shall not be granted administrative leave under this section when state services are temporarily closed or temporarily reduced due to hazardous weather conditions.

(d) When the Governor or a designee of the Governor authorizes agencies or parts of agencies to maintain basic minimum services because hazardous weather conditions impede or delay the movement of employees to and from work, employees responsible for providing such basic minimum services shall report to work. Appointing Authorities of agencies shall be responsible for determining essential agency functions [basic minimum services] and ensuring that employees who staff such functions are so informed. [74:840-2.20A(B)] Employees who are considered responsible for basic minimum services and who are required to work when state services are temporarily reduced due to hazardous weather conditions shall be entitled to accrue administrative leave on a straight-time basis up to eight hours per day for hours worked in their regularly scheduled work periods during such reduction. Administrative leave accrued under this provision must be taken within 180 days of its accrual or the employee shall be paid for the leave. An extension of the time period for taking the leave may be approved for up to an additional 180 days, providing the Appointing Authority submits a written request with sufficient justification to the Office of Personnel Management. Accrued administrative leave must be used before granting of any annual leave except when the employee may lose accrued leave under 530:10-15-10 and 530:10-15-11(b)(5).

(e) Employees who are responsible for basic minimum services who do not report to work have the following options to account for leave:

(1) Charge the absence to accumulated compensatory time;
(2) Charge the absence to accumulated annual leave;
(3) Make up lost time in a manner consistent with the FLSA, if the Appointing Authority determines that office hours and schedules permit.

(f) An employee who leaves earlier than a designated early dismissal time, or who arrives later than a designated late arrival time, shall be charged leave for the excess time.

530:10-15-72. Leave when services are temporarily reduced due to hazardous weather conditions (automatically allowed authorized absences) [REVOKED]