{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-840-2.23","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-840-2.23","heading":"State leave-sharing program eligibility – Leave of","body":"Last Resort Bank.\n\nA. There is hereby created the state leave sharing program.\n\nThe purpose of the state leave sharing program is to permit state\n\nemployees to donate annual or sick leave to a fellow state employee\n\nwho has exhausted, or will exhaust, all types of paid leave and:\n\n1. Who is eligible for and requires family leave pursuant to\n\nthe provisions of the Family and Medical Leave Act, 29 U.S.C., 2601\n\net seq.;\n\n2. Who is suffering from or has a relative or household member\n\nsuffering from an extraordinary or severe illness, injury,\n\nimpairment, or physical or mental condition which has caused or is\n\nlikely to cause the employee to take leave without pay or terminate\n\nemployment; or\n\n3. Immediately after the death of a relative or household\n\nmember; provided that the total leave received for this purpose\n\nshall not exceed five (5) days in any calendar year.\n\nB. As used in this section:\n\n1. \"Relative of the employee\" shall be limited to the spouse,\n\nchild, stepchild, grandchild, grandparent, stepparent, or parent of\n\nthe employee;\n\n2. \"Household members\" means those persons who reside in the\n\nsame home, who have reciprocal duties to and do provide financial\n\nsupport for one another. This term shall include foster children\n\nand legal wards even if they do not live in the household. The term\n\ndoes not include persons sharing the same general house, when the\n\nliving style is primarily that of a dormitory or commune;\n\n3. \"Severe\" or \"extraordinary\" means extreme or life-\n\nthreatening;\n\n4. \"State employee\" means an employee with one (1) year or more\n\ncontinuous service with the state. For the purposes of the state\n\nleave sharing program, employees who are afforded protections under\n\nthe Civil Service and Human Capital Modernization Act and\n\nadministrative rules and exempted employees are eligible to\n\nparticipate; and\n\n5. \"Terminal\" means likely to result in death within two (2)\n\ncalendar years.\n\nC. An employee may be eligible to receive shared leave pursuant\n\nto the following conditions:\n\n1. The chief administrative officer of the employee determines\n\nthat the employee meets the criteria described in this section; and\n\n2. The employee has abided by state policies regarding the use\n\nof leave.\n\nD. An employee may not donate annual or sick leave to an\n\neligible employee without the permission of the chief administrative\n\nofficer of the donating employee's agency.\n\nE. An employee may donate annual or sick leave to another\n\nemployee provided the donation does not cause the annual leave\n\nbalance of the employee to fall below eighty (80) hours and provided\n\nthe donation does not cause the sick leave balance of the employee\n\nto fall below eighty (80) hours.\n\nF. Except as otherwise provided for in this subsection, the\n\nchief administrative officer of the employee shall determine the\n\namount of donated leave an employee may receive and may authorize an\n\nemployee to use up to a maximum of two hundred sixty-one (261) days\n\nof donated leave during total state employment. If the employee is\n\nsuffering from an illness which has been certified in writing by a\n\nlicensed physician or health care practitioner as being terminal and\n\nthe employee who either has reached or shall reach in the near\n\nfuture the maximum amount as set out in this subsection, the chief\n\nadministrative officer of the employee may approve additional\n\ndonated leave upon written request of the employee.\n\nG. The chief administrative officer of the employee shall\n\nrequire the employee to submit, prior to approval or disapproval of\n\nshared leave pursuant to paragraph 1 of subsection A of this\n\nsection, a medical certificate from a licensed physician or health\n\ncare practitioner verifying the need for the leave and expected\n\nduration of the illness, injury, impairment, or physical or mental\n\ncondition for which the leave is donated.\ncer of the employee shall\n\nrequire the employee to submit, prior to approval or disapproval of\n\nshared leave pursuant to paragraph 1 of subsection A of this\n\nsection, a medical certificate from a licensed physician or health\n\ncare practitioner verifying the need for the leave and expected\n\nduration of the illness, injury, impairment, or physical or mental\n\ncondition for which the leave is donated.\n\nH. Donated annual or sick leave shall be transferable between\n\nemployees in different state entities. State entities shall allow\n\nemployees to receive donated annual or sick leave from employees\n\nwithin their employing entity and different state entities;\n\nprovided, that the employee shall first exhaust all available leave\n\noptions within the state entity of the employee.\n\nI. Donated annual or sick leave is transferable between\n\nemployees on an hour-to-hour basis irrespective of the hourly wage\n\nof the donating or receiving employee.\n\nJ. Any donated leave may only be used by the recipient for the\n\npurposes specified in this section.\n\nK. All forms of paid leave available for use by the recipient\n\nmust be used prior to using donated leave.\n\nL. Any donated leave not used by the recipient during each\n\noccurrence as determined by the chief administrative officer of the\n\nemployee shall be returned to the donor. The donated leave\n\nremaining will be divided among the donors on a prorated basis based\n\non the original donated value and returned at its original donor\n\nvalue and reinstated to the original leave balance of each donor.\n\nM. All donated leave must be given voluntarily. No employee\n\nshall be coerced, threatened, intimidated, or financially induced\n\ninto donating annual or sick leave for purposes of the leave sharing\n\nprogram.\n\nN. Except as provided by subsection P of this section,\n\nemployees may not donate annual or sick leave that the donor would\n\nnot be able to otherwise take.\n\nO. The Human Capital Management Division of the Office of\n\nManagement and Enterprise Services shall designate an employee to\n\nserve as the shared leave liaison. If a qualifying employee is\n\nunable to obtain the necessary number of donated leave hours from\n\nhis or her employing entity, he or she may contact the shared leave\n\nliaison. The shared leave liaison shall have the following\n\nresponsibilities:\n\n1. To inform all state agencies of the requirements of this\n\nsection;\n\n2. To inform all state employees of the rights afforded under\n\nthis section;\n\n3. To ensure an employee requesting shared leave from other\n\nstate entities meets the criteria set forth in this section;\n\n4. To coordinate outreach efforts within the employing agency\n\nand to other state entities to obtain all necessary hours of shared\n\nleave for the employee;\n\n5. To ensure an employee has exhausted all sources of shared\n\nleave both within his or her employing entity and other state\n\nentities before requesting leave from the Leave of Last Resort Bank;\n\nand\n\n6. To coordinate leave requested from the Leave of Last Resort\n\nBank.\n\nP. There is hereby created a Leave of Last Resort Bank. In the\n\nevent a qualifying employee is unable to secure shared leave from\n\nemployees within his or her employing entity or within a different\n\nentity, an employee may request leave from the Leave of Last Resort\n\nBank. The Leave of Last Resort Bank shall be administered by the\n\nHuman Capital Management Division of the Office of Management and\n\nEnterprise Services.\n\n1. The Leave of Last Resort Bank shall be funded by voluntary\n\ndonations of annual and sick leave from employees retiring from or\n\nleaving state service.\n\n2. Upon retirement or the final day of state service, an\n\nemployee shall elect, in writing, whether any of his or her annual\n\nor sick leave shall be deposited into the Leave of Last Resort Bank.\n\nQ. The Office of Management and Enterprise Services shall\n\npromulgate rules and regulations as necessary to carry out the\n\nprovisions of this section.","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":"945426a7d5b124d28214c0059dad843e7b8e3324b33afa5bbafaddb4ef83b253","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-840-2.22","next":"us-ok/okla.-stat.-tit.-74-74-840-2.23a"},"notice":"GroundRules: Original legal text. Not legal advice."}