Okla. Stat. tit. 74, § 74-840-2.21

A. If a state employee is absent because of an illness or

injury arising out of and sustained in the course of his or her

employment with the state, and for which workers' compensation

benefits have been filed, the employing agency shall place the

employee on leave without pay if the employee so requests; provided,

leave without pay pursuant to this section shall not for any purpose

be considered a break in service.

B. An employee who sustains an illness or injury arising out of

and sustained in the course of employment with the State of Oklahoma

shall not be required to use either accumulated sick or annual leave

during such period prior to being placed on leave without pay

pursuant to this section.

C. An employee placed on leave without pay pursuant to the

provisions of this section shall continue receiving basic plan

insurance coverage as defined in Section 1363 of this title and

dependent insurance benefit allowance pursuant to paragraph 2 of

subsection C of Section 1370 of this title paid by the agency during

the leave without pay.

D. An employee on leave without pay pursuant to the provisions

of this section shall have the right to be returned to his or her

original position in accordance with rules promulgated by the Office

Oklahoma Statutes - Title 74. State Government Page 539

of Management and Enterprise Services. If it is found necessary for

the good of the state to fill the position during the period the

employee is on leave without pay the employee filling the position

shall vacate the position upon the return of the employee on leave

without pay, subject to layoff, transfer or demotion rights earned

under law and rules of the Office of Management and Enterprise

Services. The right to return to the original position shall expire

one (1) year from the date of the start of leave without pay. The

employee may be separated in accordance with the Office of

Management and Enterprise Services Rules if the employee has not

returned to the original position of the employee or some other

position within the agency within one (1) year from the date of the

start of leave without pay.

E. An employee on leave without pay pursuant to the provisions

of this section shall provide a medical statement as to his or her

ability to perform the duties of the position to the appointing

authority at least every three (3) months.

F. If the employee becomes medically able with reasonable

accommodation to perform the duties of his or her original position,

the employee shall be returned to such position. If the employee is

unable to perform the duties of the original position with

reasonable accommodation, but is medically able with reasonable

accommodation to perform the duties of any other position within the

agency for which the employee is qualified, and appointment to such

other position does not constitute a promotion, the employee shall

have first preference for any such position which becomes vacant

within the agency, notwithstanding any other preference provisions

of laws of the State of Oklahoma. An employee accepting another

position pursuant to this subsection shall not forfeit his or her

right to be returned to the original position within twelve (12)

months after the start of leave without pay pursuant to the

provisions of subsection D of this section.

G. An ill or injured employee shall be eligible to participate

in the Disability Insurance Program established pursuant to the

provisions of Section 1331 et seq. of this title in accordance with

rules promulgated by the Office of Management and Enterprise

Services.

H. All benefits, rights, and obligations contained in this

section shall continue during the time the employee remains on leave

without pay status, for a continuous period not to exceed twelve
n the Disability Insurance Program established pursuant to the

provisions of Section 1331 et seq. of this title in accordance with

rules promulgated by the Office of Management and Enterprise

Services.

H. All benefits, rights, and obligations contained in this

section shall continue during the time the employee remains on leave

without pay status, for a continuous period not to exceed twelve

(12) months. However, if a workers' compensation claim based on

such illness or injury is denied during the twelve-month period, all

benefits, rights and obligations conferred upon an employee pursuant

to this section shall cease and be discontinued immediately.

I. A state employee who is separated pursuant to subsection D

of this section shall be eligible for reinstatement to employment

with any state agency for twelve (12) months after the date of

Oklahoma Statutes - Title 74. State Government Page 540

separation. Nothing in this subsection shall be construed to compel

or require any agency of the state to reinstate a former employee

who is separated pursuant to subsection D of this section. Further,

nothing in this subsection shall be construed as limiting or

reducing a former employee's eligibility for reinstatement pursuant

to other general reinstatement or reemployment provisions in rules

promulgated by the Director.