Okla. Stat. tit. 74, § 74-840-2.23

Last Resort Bank.

A. There is hereby created the state leave sharing program.

The purpose of the state leave sharing program is to permit state

employees to donate annual or sick leave to a fellow state employee

who has exhausted, or will exhaust, all types of paid leave and:

1. Who is eligible for and requires family leave pursuant to

the provisions of the Family and Medical Leave Act, 29 U.S.C., 2601

et seq.;

2. Who is suffering from or has a relative or household member

suffering from an extraordinary or severe illness, injury,

Oklahoma Statutes - Title 74. State Government Page 541

impairment, or physical or mental condition which has caused or is

likely to cause the employee to take leave without pay or terminate

employment; or

3. Immediately after the death of a relative or household

member; provided that the total leave received for this purpose

shall not exceed five (5) days in any calendar year.

B. As used in this section:

1. "Relative of the employee" shall be limited to the spouse,

child, stepchild, grandchild, grandparent, stepparent, or parent of

the employee;

2. "Household members" means those persons who reside in the

same home, who have reciprocal duties to and do provide financial

support for one another. This term shall include foster children

and legal wards even if they do not live in the household. The term

does not include persons sharing the same general house, when the

living style is primarily that of a dormitory or commune;

3. "Severe" or "extraordinary" means extreme or life-

threatening;

4. "State employee" means an employee with one (1) year or more

continuous service with the state. For the purposes of the state

leave sharing program, employees who are afforded protections under

the Civil Service and Human Capital Modernization Act and

administrative rules and exempted employees are eligible to

participate; and

5. "Terminal" means likely to result in death within two (2)

calendar years.

C. An employee may be eligible to receive shared leave pursuant

to the following conditions:

1. The chief administrative officer of the employee determines

that the employee meets the criteria described in this section; and

2. The employee has abided by state policies regarding the use

of leave.

D. An employee may not donate annual or sick leave to an

eligible employee without the permission of the chief administrative

officer of the donating employee's agency.

E. An employee may donate annual or sick leave to another

employee provided the donation does not cause the annual leave

balance of the employee to fall below eighty (80) hours and provided

the donation does not cause the sick leave balance of the employee

to fall below eighty (80) hours.

F. Except as otherwise provided for in this subsection, the

chief administrative officer of the employee shall determine the

amount of donated leave an employee may receive and may authorize an

employee to use up to a maximum of two hundred sixty-one (261) days

of donated leave during total state employment. If the employee is

suffering from an illness which has been certified in writing by a

licensed physician or health care practitioner as being terminal and

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the employee who either has reached or shall reach in the near

future the maximum amount as set out in this subsection, the chief

administrative officer of the employee may approve additional

donated leave upon written request of the employee.

G. The chief administrative officer of the employee shall

require the employee to submit, prior to approval or disapproval of

shared leave pursuant to paragraph 1 of subsection A of this

section, a medical certificate from a licensed physician or health

care practitioner verifying the need for the leave and expected

duration of the illness, injury, impairment, or physical or mental

condition for which the leave is donated.
cer of the employee shall

require the employee to submit, prior to approval or disapproval of

shared leave pursuant to paragraph 1 of subsection A of this

section, a medical certificate from a licensed physician or health

care practitioner verifying the need for the leave and expected

duration of the illness, injury, impairment, or physical or mental

condition for which the leave is donated.

H. Donated annual or sick leave shall be transferable between

employees in different state entities. State entities shall allow

employees to receive donated annual or sick leave from employees

within their employing entity and different state entities;

provided, that the employee shall first exhaust all available leave

options within the state entity of the employee.

I. Donated annual or sick leave is transferable between

employees on an hour-to-hour basis irrespective of the hourly wage

of the donating or receiving employee.

J. Any donated leave may only be used by the recipient for the

purposes specified in this section.

K. All forms of paid leave available for use by the recipient

must be used prior to using donated leave.

L. Any donated leave not used by the recipient during each

occurrence as determined by the chief administrative officer of the

employee shall be returned to the donor. The donated leave

remaining will be divided among the donors on a prorated basis based

on the original donated value and returned at its original donor

value and reinstated to the original leave balance of each donor.

M. All donated leave must be given voluntarily. No employee

shall be coerced, threatened, intimidated, or financially induced

into donating annual or sick leave for purposes of the leave sharing

program.

N. Except as provided by subsection P of this section,

employees may not donate annual or sick leave that the donor would

not be able to otherwise take.

O. The Human Capital Management Division of the Office of

Management and Enterprise Services shall designate an employee to

serve as the shared leave liaison. If a qualifying employee is

unable to obtain the necessary number of donated leave hours from

his or her employing entity, he or she may contact the shared leave

liaison. The shared leave liaison shall have the following

responsibilities:

1. To inform all state agencies of the requirements of this

section;

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2. To inform all state employees of the rights afforded under

this section;

3. To ensure an employee requesting shared leave from other

state entities meets the criteria set forth in this section;

4. To coordinate outreach efforts within the employing agency

and to other state entities to obtain all necessary hours of shared

leave for the employee;

5. To ensure an employee has exhausted all sources of shared

leave both within his or her employing entity and other state

entities before requesting leave from the Leave of Last Resort Bank;

and

6. To coordinate leave requested from the Leave of Last Resort

Bank.

P. There is hereby created a Leave of Last Resort Bank. In the

event a qualifying employee is unable to secure shared leave from

employees within his or her employing entity or within a different

entity, an employee may request leave from the Leave of Last Resort

Bank. The Leave of Last Resort Bank shall be administered by the

Human Capital Management Division of the Office of Management and

Enterprise Services.

1. The Leave of Last Resort Bank shall be funded by voluntary

donations of annual and sick leave from employees retiring from or

leaving state service.

2. Upon retirement or the final day of state service, an

employee shall elect, in writing, whether any of his or her annual

or sick leave shall be deposited into the Leave of Last Resort Bank.

Q. The Office of Management and Enterprise Services shall

promulgate rules and regulations as necessary to carry out the

provisions of this section.