{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-840-2.21","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-840-2.21","heading":"Leave without pay","body":"A. If a state employee is absent because of an illness or\n\ninjury arising out of and sustained in the course of his or her\n\nemployment with the state, and for which workers' compensation\n\nbenefits have been filed, the employing agency shall place the\n\nemployee on leave without pay if the employee so requests; provided,\n\nleave without pay pursuant to this section shall not for any purpose\n\nbe considered a break in service.\n\nB. An employee who sustains an illness or injury arising out of\n\nand sustained in the course of employment with the State of Oklahoma\n\nshall not be required to use either accumulated sick or annual leave\n\nduring such period prior to being placed on leave without pay\n\npursuant to this section.\n\nC. An employee placed on leave without pay pursuant to the\n\nprovisions of this section shall continue receiving basic plan\n\ninsurance coverage as defined in Section 1363 of this title and\n\ndependent insurance benefit allowance pursuant to paragraph 2 of\n\nsubsection C of Section 1370 of this title paid by the agency during\n\nthe leave without pay.\n\nD. An employee on leave without pay pursuant to the provisions\n\nof this section shall have the right to be returned to his or her\n\noriginal position in accordance with rules promulgated by the Office\n\nof Management and Enterprise Services. If it is found necessary for\n\nthe good of the state to fill the position during the period the\n\nemployee is on leave without pay the employee filling the position\n\nshall vacate the position upon the return of the employee on leave\n\nwithout pay, subject to layoff, transfer or demotion rights earned\n\nunder law and rules of the Office of Management and Enterprise\n\nServices. The right to return to the original position shall expire\n\none (1) year from the date of the start of leave without pay. The\n\nemployee may be separated in accordance with the Office of\n\nManagement and Enterprise Services Rules if the employee has not\n\nreturned to the original position of the employee or some other\n\nposition within the agency within one (1) year from the date of the\n\nstart of leave without pay.\n\nE. An employee on leave without pay pursuant to the provisions\n\nof this section shall provide a medical statement as to his or her\n\nability to perform the duties of the position to the appointing\n\nauthority at least every three (3) months.\n\nF. If the employee becomes medically able with reasonable\n\naccommodation to perform the duties of his or her original position,\n\nthe employee shall be returned to such position. If the employee is\n\nunable to perform the duties of the original position with\n\nreasonable accommodation, but is medically able with reasonable\n\naccommodation to perform the duties of any other position within the\n\nagency for which the employee is qualified, and appointment to such\n\nother position does not constitute a promotion, the employee shall\n\nhave first preference for any such position which becomes vacant\n\nwithin the agency, notwithstanding any other preference provisions\n\nof laws of the State of Oklahoma. An employee accepting another\n\nposition pursuant to this subsection shall not forfeit his or her\n\nright to be returned to the original position within twelve (12)\n\nmonths after the start of leave without pay pursuant to the\n\nprovisions of subsection D of this section.\n\nG. An ill or injured employee shall be eligible to participate\n\nin the Disability Insurance Program established pursuant to the\n\nprovisions of Section 1331 et seq. of this title in accordance with\n\nrules promulgated by the Office of Management and Enterprise\n\nServices.\n\nH. All benefits, rights, and obligations contained in this\n\nsection shall continue during the time the employee remains on leave\n\nwithout pay status, for a continuous period not to exceed twelve\nn the Disability Insurance Program established pursuant to the\n\nprovisions of Section 1331 et seq. of this title in accordance with\n\nrules promulgated by the Office of Management and Enterprise\n\nServices.\n\nH. All benefits, rights, and obligations contained in this\n\nsection shall continue during the time the employee remains on leave\n\nwithout pay status, for a continuous period not to exceed twelve\n\n(12) months. However, if a workers' compensation claim based on\n\nsuch illness or injury is denied during the twelve-month period, all\n\nbenefits, rights and obligations conferred upon an employee pursuant\n\nto this section shall cease and be discontinued immediately.\n\nI. A state employee who is separated pursuant to subsection D\n\nof this section shall be eligible for reinstatement to employment\n\nwith any state agency for twelve (12) months after the date of\n\nseparation. Nothing in this subsection shall be construed to compel\n\nor require any agency of the state to reinstate a former employee\n\nwho is separated pursuant to subsection D of this section. Further,\n\nnothing in this subsection shall be construed as limiting or\n\nreducing a former employee's eligibility for reinstatement pursuant\n\nto other general reinstatement or reemployment provisions in rules\n\npromulgated by the Director.","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":"486a5bab7c514188f95193e58c133eac2f142bc8219753aef7d4f7daf09f5886","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-840-2.20d","next":"us-ok/okla.-stat.-tit.-74-74-840-2.21a"},"notice":"GroundRules: Original legal text. Not legal advice."}