Okla. Stat. tit. 74, § 74-840-2.20

A. The Director of the Office of Management and Enterprise

Services shall promulgate such emergency and permanent rules

regarding leave and holiday leave as are necessary to assist the

state and its agencies.

The Director of the Office of Management and Enterprise

Services, 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 shall be accrued based upon

hours worked, paid leave, and holidays, but excluding overtime, not

to exceed the total possible work hours for the pay period. 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.

Employees may accumulate more than the maximum annual leave

accumulation limits shown in the schedule below provided that such

excess is used during the same calendar year in which it accrues or

within twelve (12) months of the date on which it accrues, at the

discretion of the appointing authority. If an employee whose job

duties include providing fire protection services, law enforcement

services or services with the Department of Corrections is unable to

use excess leave as provided for in this paragraph because the

employee’s request for leave is denied by the employee’s appointing

authority and the denial of leave is due to extraordinary

circumstances such that taking leave could pose a threat to public

safety, health or welfare, the employee shall receive compensation

at the employee’s regular rate of pay for the amount of excess leave

the employee is unable to use. Such compensation shall be paid at

the end of the time period during which the excess leave was

required to have been used;

2. On and after the effective date of this act, the following

accrual rates and accumulation limits apply to eligible employees as

follows:

ACCRUAL RATES ACCUMULATION

LIMITS

Cumulative

Oklahoma Statutes - Title 74. State Government Page 534

Years of Annual Sick Annual

Service Leave Leave Leave

Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days

5-10 yrs = 18 day/yr 15 days/yr 80 days

10-20 yrs = 20 day/yr 15 days/yr 80 days

over 20 yrs = 25 day/yr 15 days/yr 80 days

Following an emergency declaration as described in Section 683.8

of Title 63 of the Oklahoma Statutes, the accumulation limits for

annual leave shall temporarily increase and shall carryover to the

end of the fiscal year following the year in which the emergency

declaration ended.

All annual leave that accrued or expired during the period of

the emergency declarations issued by the Governor in 2020 and 2021

in response to the novel coronavirus (COVID-19) shall carry over to

the end of the fiscal year following the year in which the emergency

declaration ended regardless of regulatory provisions that establish

a maximum amount of annual leave that may be accumulated by an

employee of this state. Expired annual leave governed by this

subsection shall be reinstated as of May 7, 2021, and accumulation

limits for annual leave shall not apply to amounts accrued or

reinstated pursuant to this subsection. Eligibility for

reinstatement of annual leave is limited to employees currently

employed by this state on May 7, 2021;

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. Except as provided in paragraph 2 of this subsection,

employees shall not be entitled to retroactive accumulation of leave

as a result of amendments to this section;

5. The Director of the Office of Management and Enterprise
ble 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. Except as provided in paragraph 2 of this subsection,

employees shall not be entitled to retroactive accumulation of leave

as a result of amendments to this section;

5. The Director of the Office of Management and Enterprise

Services shall assist agencies in developing policies to prevent

violence in state government workplaces without abridging the rights

of state employees. Such policies shall include a paid

administrative leave provision as a cooling-off period which the

Director of the Office of Management and Enterprise Services 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;

Oklahoma Statutes - Title 74. State Government Page 535

7. 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;

8. Employees who are reserve municipal police officers pursuant

to Section 34-101 of Title 11 of the Oklahoma Statutes and who miss

work in performing their duties in cases of emergency shall not have

to use any accrued leave or need to make up any time due to the

performance of their reserve municipal police officer duties;

9. Employees who are reserve deputy sheriffs pursuant to

Section 547 of Title 19 of the Oklahoma Statutes and who miss work

in performing their duties in case of emergency shall not have to

use any accrued leave or need to make up any time due to the

performance of their reserve deputy sheriff duties;

10. For purposes of the computation required by this section,

any service performed by a person during which the person received

compensation for duties performed for the state shall be counted if

payment for such service was made using state fiscal resources. The

provisions of this section shall not apply to elected or appointed

justices or judges, including special judges, who perform service in

the trial or appellate courts. The provisions of this section shall

apply to persons who perform services as an administrative law judge

within the executive department and employees of the judicial

branch; and

11. Eligible employees shall be entitled to paid maternity

leave as provided for in Section 840-2.20D of this title.

B. Nothing in law 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.

D. All permanent employees of the state shall be eligible to

carry over a maximum of six hundred forty (640) hours of annual

leave each year. Additionally, all employees shall be paid up to a

maximum of six hundred forty (640) hours of annual leave upon

separation from state service.