{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-840-2.20","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-840-2.20","heading":"Leave benefits - Emergency and permanent rules","body":"A. The Director of the Office of Management and Enterprise\n\nServices shall promulgate such emergency and permanent rules\n\nregarding leave and holiday leave as are necessary to assist the\n\nstate and its agencies.\n\nThe Director of the Office of Management and Enterprise\n\nServices, in adopting new rules, amending rules and repealing rules,\n\nshall ensure that the following provisions are incorporated:\n\n1. Eligible employees who enter on duty or who are reinstated\n\nafter a break in service shall receive leave benefits in accordance\n\nwith the schedule outlined below. Leave shall be accrued based upon\n\nhours worked, paid leave, and holidays, but excluding overtime, not\n\nto exceed the total possible work hours for the pay period. Years\n\nof service shall be based on cumulative periods of employment\n\ncalculated in the manner that cumulative service is determined for\n\nlongevity purposes pursuant to Section 840-2.18 of this title.\n\nEmployees may accumulate more than the maximum annual leave\n\naccumulation limits shown in the schedule below provided that such\n\nexcess is used during the same calendar year in which it accrues or\n\nwithin twelve (12) months of the date on which it accrues, at the\n\ndiscretion of the appointing authority. If an employee whose job\n\nduties include providing fire protection services, law enforcement\n\nservices or services with the Department of Corrections is unable to\n\nuse excess leave as provided for in this paragraph because the\n\nemployee’s request for leave is denied by the employee’s appointing\n\nauthority and the denial of leave is due to extraordinary\n\ncircumstances such that taking leave could pose a threat to public\n\nsafety, health or welfare, the employee shall receive compensation\n\nat the employee’s regular rate of pay for the amount of excess leave\n\nthe employee is unable to use. Such compensation shall be paid at\n\nthe end of the time period during which the excess leave was\n\nrequired to have been used;\n\n2. On and after the effective date of this act, the following\n\naccrual rates and accumulation limits apply to eligible employees as\n\nfollows:\n\nACCRUAL RATES ACCUMULATION\n\nLIMITS\n\nCumulative\n\nYears of Annual Sick Annual\n\nService Leave Leave Leave\n\nPersons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days\n\n5-10 yrs = 18 day/yr 15 days/yr 80 days\n\n10-20 yrs = 20 day/yr 15 days/yr 80 days\n\nover 20 yrs = 25 day/yr 15 days/yr 80 days\n\nFollowing an emergency declaration as described in Section 683.8\n\nof Title 63 of the Oklahoma Statutes, the accumulation limits for\n\nannual leave shall temporarily increase and shall carryover to the\n\nend of the fiscal year following the year in which the emergency\n\ndeclaration ended.\n\nAll annual leave that accrued or expired during the period of\n\nthe emergency declarations issued by the Governor in 2020 and 2021\n\nin response to the novel coronavirus (COVID-19) shall carry over to\n\nthe end of the fiscal year following the year in which the emergency\n\ndeclaration ended regardless of regulatory provisions that establish\n\na maximum amount of annual leave that may be accumulated by an\n\nemployee of this state. Expired annual leave governed by this\n\nsubsection shall be reinstated as of May 7, 2021, and accumulation\n\nlimits for annual leave shall not apply to amounts accrued or\n\nreinstated pursuant to this subsection. Eligibility for\n\nreinstatement of annual leave is limited to employees currently\n\nemployed by this state on May 7, 2021;\n\n3. Temporary employees and other limited term employees are\n\nineligible to accrue, use, or be paid for sick leave and annual\n\nleave. Such employees shall be eligible for paid holiday leave at\n\nthe discretion of the appointing authority;\n\n4. Except as provided in paragraph 2 of this subsection,\n\nemployees shall not be entitled to retroactive accumulation of leave\n\nas a result of amendments to this section;\n\n5. The Director of the Office of Management and Enterprise\nble to accrue, use, or be paid for sick leave and annual\n\nleave. Such employees shall be eligible for paid holiday leave at\n\nthe discretion of the appointing authority;\n\n4. Except as provided in paragraph 2 of this subsection,\n\nemployees shall not be entitled to retroactive accumulation of leave\n\nas a result of amendments to this section;\n\n5. The Director of the Office of Management and Enterprise\n\nServices shall assist agencies in developing policies to prevent\n\nviolence in state government workplaces without abridging the rights\n\nof state employees. Such policies shall include a paid\n\nadministrative leave provision as a cooling-off period which the\n\nDirector of the Office of Management and Enterprise Services is\n\nauthorized to provide pursuant to the Administrative Procedures Act.\n\nSuch leave shall not be charged to annual or sick leave\n\naccumulations;\n\n6. State employees who terminated their employment in the state\n\nservice on or after October 1, 1992, may be eligible to have sick\n\nleave accrued at the time of termination of employment restored if\n\nthey return to state employment provided that the state employees’\n\nenter-on-duty dates for reemployment occur on or before two (2)\n\nyears after their termination of employment and they are eligible to\n\naccrue sick leave before the two (2) years expire;\n\n7. Employees who are volunteer firefighters pursuant to the\n\nOklahoma Volunteer Firefighters Act and who are called to fight a\n\nfire shall not have to use any accrued leave or need to make up any\n\ntime due to the performance of their volunteer firefighter duties;\n\n8. Employees who are reserve municipal police officers pursuant\n\nto Section 34-101 of Title 11 of the Oklahoma Statutes and who miss\n\nwork in performing their duties in cases of emergency shall not have\n\nto use any accrued leave or need to make up any time due to the\n\nperformance of their reserve municipal police officer duties;\n\n9. Employees who are reserve deputy sheriffs pursuant to\n\nSection 547 of Title 19 of the Oklahoma Statutes and who miss work\n\nin performing their duties in case of emergency shall not have to\n\nuse any accrued leave or need to make up any time due to the\n\nperformance of their reserve deputy sheriff duties;\n\n10. For purposes of the computation required by this section,\n\nany service performed by a person during which the person received\n\ncompensation for duties performed for the state shall be counted if\n\npayment for such service was made using state fiscal resources. The\n\nprovisions of this section shall not apply to elected or appointed\n\njustices or judges, including special judges, who perform service in\n\nthe trial or appellate courts. The provisions of this section shall\n\napply to persons who perform services as an administrative law judge\n\nwithin the executive department and employees of the judicial\n\nbranch; and\n\n11. Eligible employees shall be entitled to paid maternity\n\nleave as provided for in Section 840-2.20D of this title.\n\nB. Nothing in law is intended to prevent or discourage an\n\nappointing authority from disciplining or terminating an employee\n\ndue to abuse of leave benefits or absenteeism. Appointing\n\nauthorities are encouraged to consider attendance of employees in\n\nmaking decisions regarding promotions, pay increases, and\n\ndiscipline.\n\nC. Upon the transfer of a function in state government to an\n\nentity outside state government, employees may, with the agreement\n\nof the outside entity, waive any payment for leave accumulations to\n\nwhich the employee is entitled and authorize the transfer of the\n\nleave accumulations or a portion thereof to the outside entity.\n\nD. All permanent employees of the state shall be eligible to\n\ncarry over a maximum of six hundred forty (640) hours of annual\n\nleave each year. Additionally, all employees shall be paid up to a\n\nmaximum of six hundred forty (640) hours of annual leave upon\n\nseparation from state service.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"31f8a1dd962dac40e6a06d8726b2b415fba181dfefda1a3d7e7799ab38cac8ec","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-840-2.19","next":"us-ok/okla.-stat.-tit.-74-74-840-2.20a"},"notice":"GroundRules: Original legal text. Not legal advice."}