Renumbered as § 840-1.2 of this title by Laws 1994, c

242, § 54.

§74-840-2.1. Repealed by Laws 2013, c. 84, § 1, eff. Nov. 1, 2013.

§74-840-2.2. Repealed by Laws 2013, c. 84, § 2, eff. Nov. 1, 2013.

§74-840-2.3. Repealed by Laws 2013, c. 84, § 3, eff. Nov. 1, 2013.

§74-840-2.4. Repealed by Laws 2013, c. 84, § 4, eff. Nov. 1, 2013.

§74-840-2.5. Repealed by Laws 2022, c. 243, § 27, emerg. eff. May 11, 2022.

§74-840-2.6. Repealed by Laws 2022, c. 243, § 27, emerg. eff. May 11, 2022.

§74-840-2.7. Central payroll system - State agencies required to utilize. All state agencies, boards, commissions, departments and offices, excluding entities within The Oklahoma State System of Higher Education, shall utilize the central payroll system administered by the Office of Management and Enterprise Services. This provision shall not prohibit state institutions of higher education from utilizing the central payroll system at their discretion. Added by Laws 1992, c. 367, § 2, eff. July 1, 1992. Renumbered from § 840.5d of this title by Laws 1994, c. 242, § 54. Amended by Laws 1999, c. 371, § 8, eff. July 1, 1999; Laws 2012, c. 304, § 872.

§74-840-2.8. State and county officers and employees - Support, etc. of Constitution and laws of state. Every state and county officer and state and county employee: 1. Shall support, obey, and defend the Constitution and laws of the State of Oklahoma; and 2. Shall not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to his or her office, other than the compensation allowed by law. Added by Laws 1992, H.J.R. No. 1077, § 33, eff. Jan. 1, 1993. Renumbered from § 840.32 of this title by Laws 1994, c. 242, § 54.

§74-840-2.9. Discrimination and other prohibited acts. A. No person in the state service shall be appointed to or demoted or dismissed from any position in the state service, or in any way favored or discriminated against with respect to employment in the state service because of political or religious opinions or affiliations, race, creed, gender, color or national origin or by reason of any physical handicap so long as the physical handicap

does not render the employee unable to do the work for which he or she is employed. The hiring of special disabled veterans pursuant to Sections 401 through 404 of Title 72 of the Oklahoma Statutes shall not constitute favoritism as herein prohibited. B. No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. Letters of inquiry, recommendation and reference for public employees by public officials shall not be considered official authority or influence unless such letter contains a threat, intimidation, or irrelevant, derogatory or false information. C. No person shall make any false statement, certificate, score, rating or report with regard to any test, certification or appointment to state service or in any manner commit any fraud related to employment in state service preventing the implementation of the provisions of law and rules made pursuant thereto. D. No employee, examiner or other person shall deny, deceive or obstruct any person in his or her right to examination, eligibility, certification or appointment or furnish to any person any special or secret information for the purpose of effecting the rights or prospects of any person with respect to employment in state service. E. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or as a result of any appointment, proposed appointment, promotion or proposed promotion to or any advantage in, a position in state service. F. Alleged violation of this section shall be reported to the Oklahoma Attorney General. Added by Laws 1982, c. 338, § 31, eff. July 1, 1982. Amended by Laws 1983, c. 175, § 8, emerg. eff. June 7, 1983; Laws 1986, c. 158, § 16, operative July 1, 1986. Renumbered from § 841.10 of this title by Laws 1994, c. 242, § 54. Amended by Laws 2022, c. 243, § 8, emerg. eff. May 11, 2022.

§74-840-2.10. State Employee Assistance Program. A. There is hereby created a State Employee Assistance Program within the Department of Mental Health and Substance Abuse Services. All functions, powers, duties, funds and obligations of the Office of Management and Enterprise Services in administration of the State Employee Assistance Program shall be transferred to the Department. The program may provide assistance to state agencies in their management of employees whose personal problems may have a negative impact on job performance. The program may also provide for

assessment, referral, consultation, and problem resolution assistance to state employees and their family members seeking corrective help with medical or mental health problems, including alcohol or drug abuse and emotional, marital, familial, financial or other personal problems. Participation in the State Employee Assistance Program shall be on a voluntary basis. B. The Department may enter into contracts which are necessary and proper to carry out the purposes and functions of the State Employee Assistance Program and establish standards and criteria which shall be met by entities to be eligible to contract with the Department. C. The Commissioner of the Department is hereby directed to: 1. Promulgate rules necessary for the administration of the State Employee Assistance Program and the maintenance and release of participant records; and 2. Establish evaluation methods to assess the effectiveness of the State Employee Assistance Program. D. Nothing in this act is intended to nullify any agency's existing employee assistance program or to prohibit any state agency from establishing its own employee assistance program; provided, however, such programs established by state agencies shall be subject to compliance with rules promulgated by the Commissioner of the Department to ensure equitable treatment of employees. E. Records that relate to participation by an individual in the State Employee Assistance Program or an employee assistance program established by a state agency shall be maintained separate and apart from regular personnel records and shall not become part of an employee's personnel file. Such records relating to an individual's participation in an employee assistance program shall be confidential and neither the records nor the testimony of an Employee Assistance Program professional shall be subject to subpoena unless a participant poses a threat to deliberately harm the participant or others. Such determination shall be made by an Employee Assistance Program professional. A participant in an employee assistance program shall have a right of access to his or her own employee assistance program records. F. No provision of this section or the rules promulgated pursuant to this section shall be construed to conflict with an appointing authority's responsibility and authority to maintain discipline or to take disciplinary measures against employees for misconduct or unacceptable performance. Further, participation or nonparticipation in any state employee assistance program shall not excuse an employee from discipline or otherwise affect the terms and conditions of such employee's employment status or opportunities for advancement with the state.

 G. The Legislature and the judicial branch of state government may utilize the services of the State Employee Assistance Program at their discretion. Added by Laws 1992, c. 171, § 1, emerg. eff. May 5, 1992. Amended by Laws 1994, c. 242, § 50. Renumbered from § 7101 of this title by Laws 1994, c. 242, § 54. Amended by Laws 2000, c. 336, § 2, eff. July 1, 2000; Laws 2003, c. 212, § 9, eff. July 1, 2003; Laws 2012, c. 304, § 873; Laws 2013, c. 237, § 3, eff. Nov. 1, 2013; Laws 2015, c. 14, § 1, eff. July 1, 2015; Laws 2017, c. 193, § 1, eff. July 1, 2017.

§74-840-2.10a. Violent or traumatic workplace events - Debriefing and counseling services. A. State agencies shall provide or contract to provide, through the State Employee Assistance Program, debriefing and counseling services for state employees who are involved in, witness or are otherwise exposed to a violent or traumatic event in the workplace. B. State employees who are affected by such events shall be encouraged to participate in debriefing or counseling services and paid administrative leave shall be provided. However, employees shall have the option to refuse services offered. C. The Director of the Office of Management and Enterprise Services shall promulgate rules to implement the provisions of this section which, at a minimum, shall specify the types of events which shall qualify state employees for debriefing and counseling services. Added by Laws 2012, c. 185, § 1, eff. Nov. 1, 2012. Amended by Laws 2017, c. 186, § 1, eff. Nov. 1, 2017; Laws 2018, c. 78, § 1, eff. July 1, 2018; Laws 2022, c. 243, § 9, emerg. eff. May 11, 2022.

§74-840-2.11. State employee personal information - Confidentiality. The home addresses, home telephone numbers, social security numbers, and information related to personal electronic communication devices of current and former state employees shall not be open to public inspection or disclosure without written permission from the current or former state employees or without an order from a court of competent jurisdiction. Added by Laws 1992, c. 367, § 28, emerg. eff. June 9, 1992. Renumbered from Title 74, § 841.6A by Laws 1994, c. 242, § 54; Laws 2002, c. 347, § 6, eff. Nov. 1, 2002; Laws 2003, c. 212, § 10, eff. July 1, 2003.

§74-840-2.12. Renumbered as § 840-1.6A of this title by Laws 1995, c. 310, § 24, emerg. eff. June 5, 1995.

§74-840-2.13. Personnel Management Information System.

 A. The Director of the Office of Management and Enterprise Services shall establish a Personnel Management Information System to provide various management reports to facilitate decision making within agencies, and to promote the efficient utilization of personnel resources by providing a method for tracking, monitoring and reporting positions and employee transactions. The System shall include information on state service positions within the executive branch of government, but shall not require institutions within The Oklahoma State System of Higher Education to participate. B. The Director of the Office of Management and Enterprise Services shall promulgate rules regarding the Personnel Management Information System as necessary to implement the provisions of this section. Such rules shall establish a schedule to ensure the orderly implementation of such Personnel Management Information System. C. State agencies shall assist the Office of Management and Enterprise Services as necessary to ensure the orderly completion of implementation as provided for in this section. D. Appointing authorities in the legislative or judicial branches of state government may participate in the Personnel Management Information System at their option. Added by Laws 1992, c. 367, § 1, eff. July 1, 1992. Amended by Laws 1994, c. 242, § 4. Renumbered from § 840.5c of this title by Laws 1994, c. 242, § 54. Amended by Laws 2012, c. 304, § 874; Laws 2022, c. 243, § 10, emerg. eff. May 11, 2022.

§74-840-2.14. Management of costs of human resources. A. The intent of the Legislature is to increase individual agency skill and accountability in managing the costs associated with personnel and in applying controls that will enhance the ability of the State of Oklahoma to manage the overall costs of human resources as efficiently as possible, while continuing to maintain fairness to employees. B. The Office of Management and Enterprise Services shall produce an electronic report on an annual basis of all reallocation decisions for career service positions. C. The Office of Management and Enterprise Services shall produce an electronic report on an annual basis of all transactions in the state service involving the establishment of new positions. D. As a further control on human resource costs, the Governor may declare a financial emergency or implement a freeze in hiring, by declaring this section to be in effect. Added by Laws 1986, c. 226, § 5, operative July 1, 1986. Amended by Laws 1992, c. 367, § 16, eff. July 1, 1992. Renumbered from § 840.22A of this title by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 283, § 14, eff. Sept. 1, 1994; Laws 1996, c. 363, § 17, eff. Nov. 1, 1996; Laws 1998, c. 364, § 30, emerg. eff. June 8,

1998; Laws 2004, c. 312, § 4, eff. July 1, 2004; Laws 2012, c. 304, § 875; Laws 2014, c. 267, § 1, eff. Nov. 1, 2014; Laws 2022, c. 243, § 11, emerg. eff. May 11, 2022.

§74-840-2.15. Overtime, holiday and compensatory time. A. The federal Fair Labor Standards Act, 29 U.S.C., Section 201, et seq., provides for minimum standards for overtime entitlement, and spells out administrative procedures by which covered work time must be compensated. This section is not a comprehensive listing of the provisions of the Fair Labor Standards Act and regulations promulgated thereunder, and is not intended to conflict with either the Act or the regulations. No agency, board, commission, department, institution, bureau, executive officer or other entity of the executive branch shall exceed the minimum overtime entitlement provisions of the Fair Labor Standards Act and regulations promulgated thereunder except as herein provided. B. Nothing in this title or the federal Fair Labor Standards Act shall be construed to prohibit an employer from paying an employee who is required to work on a holiday, as defined in Section 82.1 of Title 25 of the Oklahoma Statutes, for such work at a rate of two times the employee's regular hourly rate, or from rescheduling the holiday at the discretion of the appointing authority; provided, however, any state employee who is required to work on a holiday, as defined in Section 82.1 of Title 25 of the Oklahoma Statutes, in the performance of fire suppression duties shall receive holiday pay at a rate of two times the employee's regular hourly rate. C. Any employee receiving compensatory time consistent with the provisions of the federal Fair Labor Standards Act shall exhaust such compensatory time prior to the taking of annual leave, except where the employee is subject to losing such annual leave due to the application of the accumulation limits in Section 840-2.20 of this title. D. An employee receiving compensatory time under the provisions of subsection A of this section shall be permitted to use accrued compensatory time within one hundred eighty (180) days, except as provided in subsection E of this section, following the day on which it was accrued, provided the taking of compensatory time does not unduly impact agency operations or the health, safety or welfare of the public, or endanger public property. The balance of any unused compensatory time received but not taken during this time period, if payable, shall be paid to the employee at the employee's current regular hourly rate. E. Following an emergency declaration as described in Section 683.8 of Title 63 of the Oklahoma Statutes, the accumulation limits for compensatory time shall temporarily increase and shall carryover

to the end of the fiscal year following the year in which the emergency declaration ended. All compensatory time 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. Expired compensatory time governed by this subsection shall be reinstated as of the effective date of this act, and accumulation limits for compensatory time shall not apply to amounts accrued or reinstated pursuant to this subsection. Eligibility for reinstatement of compensatory time is limited to employees currently employed by the State of Oklahoma on the effective date of this act. Added by Laws 1990, c. 204, § 7, emerg. eff. May 10, 1990. Renumbered from § 840.16d of this title by Laws 1994, c. 242, § 54. Amended by Laws 2005, c. 176, § 2, eff. July 1, 2005; Laws 2006, c. 212, § 1, eff. July 1, 2006; Laws 2010, c. 286, § 2, eff. Nov. 1, 2010; Laws 2021, c. 333, § 1, eff. Nov. 1, 2021; Laws 2021, c. 438, § 2, emerg. eff. May 7, 2021.

§74-840-2.15A. State Employee Compensation Program. There is hereby established the "State Employee Compensation Program" within the executive branch. The State Employee Compensation Program will attract, retain and reward quality employees with competitive total compensation based on relevant labor markets. The Office of Management and Enterprise Services will be responsible for coordinating the implementation of the compensation program. The compensation program will establish pay structures with a goal of compensating state employees at a level of at least a ninety percent (90%) of compensation for comparable private sector positions. The compensation program will reinforce a productive work climate and culture of accountability and make the State of Oklahoma an employer of choice. Pay structures will be implemented with fairness and equity throughout the executive branch. Pay delivery mechanisms will be based on a combination of establishing and maintaining relativity to market, achievement of performance objectives, recognition of differences in job content, acquisition and application of further skill and education. The Legislature will be accountable for the funding of the pay structures established pursuant to the compensation program. Added Laws 2014, c. 390, § 2, eff. July 1, 2014.

§74-840-2.15B. State employee compensation program. The state employee compensation program is designed to attract, retain and reward quality employees with competitive total compensation based on relevant labor markets. The compensation program will establish pay structures with a goal of working toward

the recommendations of the 2013 State Employee Total Remuneration Study. The compensation program will reinforce a productive work climate and culture of accountability and make the State of Oklahoma an employer of choice. Pay structures will be implemented with fairness and equity. Pay delivery mechanisms will be based on a combination of the achievement of performance objectives, recognition of differences in job content, acquisition and application of further skill and education. The Legislature will be accountable for the funding of the pay structures established pursuant to the compensation program. Added by Laws 2014, c. 377, § 1, eff. Nov. 1, 2014. NOTE: This section was editorially renumbered from § 840-2.15A of this title to avoid a duplication in numbering.

§74-840-2.16. Minimum annualized salary. Except as otherwise provided by law, any employee of the state, excluding members of boards and commissions, institutions under the administrative authority of the Oklahoma State Regents for Higher Education, employees of public school districts and elected officials, on July 1 of each year, earning less than the amount established in the Federal Poverty Guidelines for a three-person household, issued each year in the Federal Register by the United States Department of Health and Human Services, shall receive the necessary grade or salary adjustment to provide for a minimum annualized salary equal to the amount established in the Federal Poverty Guidelines for a three-person household, issued each year in the Federal Register by the United States Department of Health and Human Services. Any employee of the state, excluding members of boards and commissions, institutions under the administrative authority of the Oklahoma State Regents for Higher Education, employees of public school districts and elected officials, employed after July 1, 2007, shall receive a minimum annualized salary equal to the amount established in the Federal Poverty Guidelines for a three-person household, issued each year in the Federal Register by the United States Department of Health and Human Services. This section shall not apply to those persons employed pursuant to Section 2241 of this title or those persons employed pursuant to Section 1.6a of Title 53 of the Oklahoma Statutes. Added by Laws 1990, c. 204, § 1, emerg. eff. May 10, 1990. Amended by Laws 1990, c. 266, § 94, operative July 1, 1990; Laws 1991, c. 239, § 2, eff. July 1, 1991; Laws 1992, c. 367, § 11, eff. July 1, 1992. Renumbered from § 7.12 of Title 62 by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 274, § 1; Laws 1995, c. 310, § 6, emerg. eff. June 5, 1995; Laws 2007, c. 207, § 1, eff. July 1, 2007; Laws 2009, c. 273, § 4; Laws 2022, c. 243, § 12, emerg. eff. May 11, 2022.

NOTE: Laws 1994, c. 242, § 46 repealed by Laws 1995, c. 310, § 23, emerg. eff. June 5, 1995.

§74-840-2.17. See the following versions: OS 74-840-2.17v1 (HB 3422, Laws 2022, c. 244, § 1). OS 74-840-2.17v2 (HB 3420, Laws 2022, c. 243, § 13).

§74-840-2.17v1. Raises - Salary adjustments. A. Unless otherwise provided by the Oklahoma Constitution, statutory authority to set or fix compensation, pay or salary of state officers and employees shall not be construed to authorize any agency, board, commission, department, institution, bureau, executive officer or other entity of the executive branch of state government to award, grant, give, authorize, or promise any officer or employee of the State of Oklahoma a raise that is inconsistent with the compensation schedules established by the Office of Management and Enterprise Services for all state officers and employees in the executive branch pursuant to Section 840-4.6 of this title, including, but not limited to, a cost-of-living raise or any other type of raise that would be given to state employees on an across-the-board basis, except as herein provided. Such raises are prohibited unless authorized by the Legislature and by rules promulgated by the Director of the Office of Management and Enterprise Services. This prohibition applies to all officers and employees in the executive branch of state government, excluding institutions under the administrative authority of the Oklahoma State Regents for Higher Education. B. However, nothing in this section shall be construed to prohibit the following actions if the action is made in good faith and not for the purpose of circumventing subsection A of this section, and if the appointing authority certifies that the action can be implemented for the current fiscal year and the subsequent fiscal year without the need for additional funding to increase the personal services budget of the agency, and if the Office of Management and Enterprise Services certifies that the action is consistent with the compensation schedules established pursuant to the provisions of Section 840-4.6 of this title: 1. Salary advancements on promotion to a job family level or class with a higher salary band; 2. Salary adjustments resulting from a pay band change for a job family level or class adopted by the Office of Management and Enterprise Services; 3. Increases in longevity payments pursuant to Section 840-2.18 of this title; 4. Payment of overtime, special entrance rates, pay differentials;

 5. Payment of wages, salaries, or rates of pay established and mandated by law; 6. Market adjustments for job family levels tied to market competitiveness; 7. Intra-agency lateral transfers, provided that the adjustment does not exceed five percent (5%) and the adjustment is based on the needs of the agency; 8. Skill-based adjustments. Such adjustments, which are implemented before November 1, 2006, other than lump-sum payments, shall become permanent after twenty-four (24) months from the date such salary adjustment is implemented and may not later be removed from an employee's base salary if a furlough or reduction-in-force is implemented by the appointing authority granting such salary adjustment. Skill-based pay adjustments, which are implemented on or after November 1, 2006, and which are paid to an employee, shall be paid as long as the employee remains employed in the position and performs the skills for which the differential is due, but shall not be included as a part of the employee's base salary; 9. Equity-based adjustments; 10. Performance-based adjustments for employees who received at least a "meets standards" rating on their most current performance rating; 11. Career progression increases as an employee advances through job family levels; or 12. Salary adjustments not to exceed five percent (5%) for probationary employees achieving permanent status following the initial probationary period and permanent employees successfully completing trial periods after intra-agency lateral transfer or promotion to a different job family level or following career progression to a different job family level. C. The pay movement mechanisms described in paragraphs 6 through 11 in subsection B of this section shall be implemented pursuant to rules promulgated by the Director of the Office of Management and Enterprise Services. D. Appointing authorities may implement the pay movement mechanisms in paragraphs 6 through 12 in subsection B of this section subject to the availability of funds within the agency's budget for the current fiscal year and subsequent fiscal year without the need for additional funding to increase the personal services budget of the agency. Failure by the appointing authority to follow the provisions of this subsection may cause the withdrawal of the use of the pay movement mechanisms provided in paragraphs 6, 7, 9, 10 and 11 of subsection B of this section within the agency during the next appropriations cycle. E. The provisions in subsection B of this section shall not apply to chief executive officers of any agency, board, commission,

department or program except for paragraphs 3 and 5 of subsection B of this section. F. The Office of Management and Enterprise Services shall file a quarterly report with the Offices of the Governor, Speaker of the Oklahoma House of Representatives, and President Pro Tempore of the Oklahoma State Senate listing, by agency, all increases in wages, salaries or rates of pay and any changes to title or classification of each employee. Added by Laws 1989, c. 370, § 18, operative July 1, 1989. Amended by Laws 1992, c. 367, § 15, eff. July 1, 1992. Renumbered from § 840.16b of this title by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 283, § 13, eff. Sept. 1, 1994; Laws 1996, c. 290, § 16, eff. July 1, 1996; Laws 1999, c. 410, § 4, eff. Nov. 1, 1999; Laws 2000, c. 336, § 3, eff. July 1, 2000; Laws 2001, c. 381, § 3, eff. July 1, 2001; Laws 2002, c. 347, § 7, eff. Nov. 1, 2002; Laws 2003, c. 453, § 1, eff. Nov. 1, 2003; Laws 2004, c. 312, § 5, eff. July 1, 2004; Laws 2006, c. 240, § 1, eff. Nov. 1, 2006; Laws 2007, c. 342, § 2, eff. July 1, 2007; Laws 2009, c. 12, § 3, eff. July 1, 2009; Laws 2010, c. 286, § 3, eff. Nov. 1, 2010; Laws 2012, c. 304, § 876; Laws 2014, c. 390, § 3, eff. July 1, 2014; Laws 2018, c. 96, § 1, eff. Nov. 1, 2018; Laws 2022, c. 244, § 1, eff. July 1, 2022.

§74-840-2.17v2. Raises - Salary adjustments. A. Unless otherwise provided by the Oklahoma Constitution, statutory authority to set or fix compensation, pay or salary of state officers and employees shall not be construed to authorize any agency, board, commission, department, institution, bureau, executive officer or other entity of the executive branch of state government to award, grant, give, authorize, or promise any officer or employee of the State of Oklahoma a raise that is inconsistent with the compensation schedules established by the Office of Management and Enterprise Services for all state officers and employees in the executive branch, including, but not limited to, a cost-of-living raise or any other type of raise that would be given to state employees on an across-the-board basis, except as herein provided. Such raises are prohibited unless authorized by the Legislature and by rules promulgated by the Director. This prohibition applies to all officers and employees in the executive branch of state government, excluding institutions under the administrative authority of the Oklahoma State Regents for Higher Education. B. However, nothing in this section shall be construed to prohibit the following actions if the action is made in good faith and not for the purpose of circumventing subsection A of this section, and if the appointing authority certifies that the action can be implemented for the current fiscal year and the subsequent fiscal year without the need for additional funding to increase the

personal services budget of the agency, and if the Office of Management and Enterprise Services certifies that the action is consistent with the compensation schedules established pursuant to the provisions of this act: 1. Salary advancements on promotion; 2. Salary adjustments resulting from a pay change for a job level adopted by the Office of Management and Enterprise Services; 3. Increases in longevity payments pursuant to Section 840-2.18 of this title; 4. Payment of overtime, special entrance rates, pay differentials; 5. Payment of wages, salaries, or rates of pay established and mandated by law; 6. Market adjustments for jobs tied to market competitiveness; 7. Skill-based adjustments; 8. Equity-based adjustments; 9. Performance-based adjustments; or 10. Career progression increases as an employee advances through job levels. C. Provided, however, any salary increase for one of the purposes provided in subsection B of this section that would require additional funding by the Legislature shall not be implemented without approval of the Legislature. D. Appointing authorities may implement the pay movement mechanisms subject to the availability of funds within the agency's budget for the current fiscal year and subsequent fiscal year without the need for additional funding to increase the personal services budget of the agency. Failure by the appointing authority to follow the provisions of this subsection may cause the withdrawal of the use of the pay movement mechanisms of this section within the agency during the next appropriations cycle. E. The Office of Management and Enterprise Services shall file a quarterly report with the Offices of the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives listing, by agency, all increases in wages, salaries or rates of pay and any changes to title or classification of each employee. Added by Laws 1989, c. 370, § 18, operative July 1, 1989. Amended by Laws 1992, c. 367, § 15, eff. July 1, 1992. Renumbered from § 840.16b of this title by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 283, § 13, eff. Sept. 1, 1994; Laws 1996, c. 290, § 16, eff. July 1, 1996; Laws 1999, c. 410, § 4, eff. Nov. 1, 1999; Laws 2000, c. 336, § 3, eff. July 1, 2000; Laws 2001, c. 381, § 3, eff. July 1, 2001; Laws 2002, c. 347, § 7, eff. Nov. 1, 2002; Laws 2003, c. 453, § 1, eff. Nov. 1, 2003; Laws 2004, c. 312, § 5, eff. July 1, 2004; Laws 2006, c. 240, § 1, eff. Nov. 1, 2006; Laws 2007, c. 342, § 2, eff. July 1, 2007; Laws 2009, c. 12, § 3, eff. July 1, 2009; Laws 2010, c. 286, § 3, eff. Nov. 1, 2010; Laws 2012, c. 304, § 876;

Laws 2014, c. 390, § 3, eff. July 1, 2014; Laws 2018, c. 96, § 1, eff. Nov. 1, 2018; Laws 2022, c. 243, § 13, emerg. eff. May 11, 2022.

§74-840-2.18. Longevity pay plan. A. A longevity pay plan is hereby adopted. This plan applies to all state employees, excluding members of boards and commissions, institutions under the administrative authority of the Oklahoma State Regents for Higher Education, employees of public school districts, and elected officials. The plan shall also apply to those employees of the Oklahoma School for the Blind and the Oklahoma School for the Deaf who qualify for longevity pay in accordance with subsection G of Section 1419 of Title 10 of the Oklahoma Statutes. B. The Oklahoma Conservation Commission is hereby authorized to establish a longevity pay program for employees of the conservation districts employed under Section 3-3-103 of Title 27A of the Oklahoma Statutes. Such longevity pay program shall be consistent with the longevity pay program for state employees authorized under this title and payments shall be made in a manner consistent with procedures for reimbursement to conservation districts. C. To be eligible for longevity pay, employees must have been continuously employed in the service of the state for a minimum of two (2) years in full-time status or in part-time status working more than one thousand (1,000) hours a year. For purposes of this section, a break in service of thirty (30) calendar days or less shall not be considered an interruption of continuous service; a break in service of more than thirty (30) calendar days shall mark an end to continuous service. The legislative session employees who have worked for two (2) years or more in part-time status and are eligible for state retirement benefits, but do not receive other longevity payments, shall be eligible and shall be considered to have been continuously employed for purposes of calculating longevity payments, notwithstanding the provisions of subsection E of this section. D. 1. Longevity pay for the first twenty (20) years of service shall be determined pursuant to the following schedule: Years of Service Annual Longevity Payment At least 2 years but less than 4 years $250.00 At least 4 years but less than 6 years $426.00 At least 6 years but less than 8 years $626.00 At least 8 years but less than 10 years $850.00

 At least 10 years but less than 12 years $1,062.00 At least 12 years but less than 14 years $1,250.00 At least 14 years but less than 16 years $1,500.00 At least 16 years but less than 18 years $1,688.00 At least 18 years but less than 20 years $1,900.00 At least 20 years $2,000.00 2. For each additional two (2) years of service after the first twenty (20) years an additional Two Hundred Dollars ($200.00) shall be added to the amount stated above for twenty (20) years of service. The total amount of the annual longevity payment made to an employee by any and all state agencies in any year shall not exceed the amount shown on the table corresponding to that employee's years of service with the state, except as otherwise provided by Section 840-2.28 of this title. Further, no employee shall receive duplicating longevity payments for the same periods of service with any and all agencies, except as otherwise provided by Section 840- 2.28 of this title. E. To determine years of service, cumulative periods of full- time employment or part-time employment working more than one hundred fifty (150) hours per month with the state excluding service as specified in subsection A of this section are applicable. Part- time employment, working one hundred fifty (150) hours per month or less for the state, excluding service as specified in subsection A of this section, shall be counted only if: 1. The period of employment was continuous for at least five (5) months; and 2. a. The person worked more than two-fifths (2/5) time. Other employment shall not be counted as service for purposes of longevity payments. Further, no period of employment with the state, whether with one or more than one agency, shall be counted as more than full-time service. b. 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 paragraph shall not apply to elected or appointed justices or judges, including special judges, who perform services 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. F. Years of service under the administrative authority of the Oklahoma State Regents for Higher Education or the administrative authority of the Oklahoma Department of Career and Technology Education of any employee who is now employed in a job classification which is eligible for longevity pay shall be included in years of service for purposes of determining longevity pay. G. Years of service shall be certified through the current employing agency by the appointing authority on a form approved by the Office of Management and Enterprise Services. The form shall be completed and posted as directed by the Director of the Office of Management and Enterprise Services by the current employing agency when the employee initially enters on duty with the agency and thereafter whenever the employee's anniversary date is changed. H. Eligible employees, in full-time status or in part-time status working more than one hundred fifty (150) hours per month, shall receive one (1) lump-sum annual payment, in the amount provided on the preceding schedule, during the month following the anniversary date of the employee's most recent enter-on-duty day with the state. Upon implementation of the statewide information systems project, the lump-sum annual payment may be paid concurrent with the final payroll of the month of the employee's anniversary date. Eligible part-time employees who work one hundred fifty (150) hours per month or less shall receive one (1) lump-sum annual payment, based on the formula in subsection L of this section, during the month following the anniversary date of the employee's most recent enter-on-duty day with the state. To receive longevity pay an employee must be in pay status on or after his or her anniversary date. Eligible employees who would not otherwise receive annual longevity payments because their employment includes regular periods of leave without pay in excess of thirty (30) calendar days shall receive one (1) lump-sum annual payment, based on the formula in subsection L of this section, during: 1. The month of August if the employee is in pay status on July 1; or 2. During the month following the employee's first return to duty that fiscal year if the employee is not in pay status on July 1. Except as otherwise provided by Section 840-2.28 of this title, employees terminated as a result of a reduction-in-force or retiring from state employment shall receive upon said termination or retirement the proportionate share of any longevity payment which may have accrued as of the date of termination or retirement. Provided further that, the proportionate share of any longevity payment which may have accrued as of the date of death of an

employee shall be made to the surviving spouse of the employee or if there is no surviving spouse to the estate of the employee. I. Periods of leave without pay taken in accordance with Section 840-2.21 of this title shall be counted as service. Other periods of nonpaid leave status in excess of thirty (30) calendar days shall not mark a break in service; however, they shall: 1. Not be used in calculating total months of service for longevity pay purposes; and 2. Extend the anniversary date for longevity pay by the total period of time on nonpaid leave status except as provided in subsection H of this section for employees whose conditions of employment include regular periods of leave without pay. J. Employees currently receiving longevity pay who work for the Oklahoma Department of Career and Technology Education shall not be eligible for the longevity pay plan provided for in this section. K. A break in service with the state in excess of thirty (30) days but which does not exceed two (2) years which was caused by a reduction-in-force shall be treated as if it were a period of nonpaid leave status as provided for in subsection I of this section for the purpose of calculating total months of service for longevity pay. This subsection shall only apply to state employees laid off after June 30, 1982. L. Eligible part-time employees working less than one hundred fifty (150) hours per month and other eligible employees with regular annual periods of leave without pay of more than thirty (30) calendar days will receive a prorated share of the "Annual Longevity Payment" authorized in subsection D of this section. The prorated amount of payment will be based on actual hours worked in the immediately preceding twelve (12) months. M. An employee shall not be entitled to retroactive longevity payments as a result of amendments to this section unless specifically authorized by law. N. The Director of the Office of Management and Enterprise Services is authorized to promulgate such Longevity Pay Plan Rules as he or she finds necessary to carry out the provisions of this section. O. As of July 1, 1998, years of service with a city-county health department for employees who left a city-county health department for employment with the Department of Environmental Quality or the Oklahoma Department of Agriculture, Food, and Forestry, between July 1, 1993, and July 1, 1998, and who are now employed in a job classification that is eligible for longevity pay pursuant to this section, shall be included in years of service for purposes of determining longevity pay subsequent to July 1, 1998. P. As of July 1, 2003, years of service with a local conservation district shall be included in years of service for purposes of determining longevity pay for local conservation

district employees transferred to the Oklahoma Conservation Commission pursuant to the provisions of this section. Added by Laws 1982, c. 147, § 4, emerg. eff. April 12, 1982. Amended by Laws 1982, c. 340, § 21, emerg. eff. June 2, 1982; Laws 1983, c. 18, § 1, emerg. eff. March 25, 1983; Laws 1983, c. 180, § 1, emerg. eff. June 9, 1983; Laws 1985, c. 203, § 4, operative July 1, 1985; Laws 1985, c. 252, § 1, emerg. eff. July 15, 1985; Laws 1989, c. 298, § 1, eff. July 1, 1989; Laws 1989, c. 370, § 16, operative July 1, 1989; Laws 1990, c. 231, § 1, emerg. eff. May 17, 1990. Renumbered from § 805.2 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 283, § 10, eff. Sept. 1, 1994; Laws 1995, c. 269, § 2, eff. July 1, 1995; Laws 1997, c. 287, § 3, eff. July 1, 1997; Laws 1998, c. 314, § 3, eff. July 1, 1998; Laws 2001, c. 33, § 174, eff. July 1, 2001; Laws 2003, c. 380, § 1, eff. July 1, 2003; Laws 2004, c. 312, § 6, eff. Nov. 1, 2004; Laws 2005, c. 176, § 3, eff. July 1, 2005; Laws 2012, c. 304, § 877; Laws 2022, c. 243, § 14, emerg. eff. May 11, 2022; Laws 2023, 1st Ex. Sess., c. 18, § 1, eff. July 1, 2023.

§74-840-2.19. Payroll claims. A. The Director of the Office of Management and Enterprise Services shall not approve any payroll claim for payment for any agency unless said claim contains or is accompanied by the certification by the administrative head of said agency or an authorized employee of said agency that the persons named in said claim have been appointed and employed in accordance with the law and the rules and orders promulgated thereunder. For purposes of this section, "payroll claim" shall also include longevity payments made pursuant to Section 840-2.18 of this title. B. If, as a result of a payroll audit, the Office of Management and Enterprise Services finds that an agency has made payments of salaries or wages contrary to the provisions and rules promulgated pursuant to the provisions of this act: 1. Audit findings shall be promptly transmitted to the appointing authority of the agency certifying the payroll claim or claims involved; 2. An audit conference with said agency shall be scheduled within fifteen (15) days, at which time the audit exceptions will be resolved or become a determination of error unless the parties to the conference agree to a further review; 3. If underpayments or overpayments made by said agency are deemed to be the result of administrative error, the agency which certified the payroll claim or claims in error shall refund to the employee the balance of the actual amounts due and owing to the payee or shall seek repayment from the payee of any amount paid in excess of the actual amount due and owing the payee;

 4. If an agency neglects or refuses to seek repayment after a determination that an error in payroll amount or amounts has been made, or to properly adjust a then current salary or wage, the Director of the Office of Management and Enterprise Services shall note an unresolved audit exception stating the agency involved and the person to whom said exception refers; 5. Upon receipt of notification that a procedure to initiate repayment has been instituted by the certifying agency, said notice shall be withdrawn or waived by the Director of the Office of Management and Enterprise Services. Implementation of procedures provided in this section shall not operate to deny or delay payment of proper salaries or wages to any employee of this state; 6. The provisions of this section regarding collections of any overpayment of salaries or wages by any agency to any state employee or officer shall not include any such overpayment made prior to July 1, 1983; 7. Recovery of overpayments from an employee shall include all overpayments occurring within one (1) year prior to the determination of error. Disbursement of underpayments to an employee shall include all underpayments made within a period of two (2) years prior to the determination of error; and 8. If an agency discovers overpayment or underpayment errors through an internal audit, the agency shall recover overpayments from the employee or disburse underpayment amounts in accordance with this section. Prior to initiation of recovery of overpayments from an employee, the agency shall provide the employee with adequate notice and an opportunity to respond. C. The Director of the Office of Management and Enterprise Services shall not approve any payroll claim for payment for any agency for which a notification of an unresolved audit exception pursuant to this section has been filed, unless the person named in the audit exception has been removed from the payroll by the certifying agency, the overpayment has been converted by the agency, or the exception has been withdrawn or waived in writing by the Office of Management and Enterprise Services. D. Any sum on a payroll claim found to have been paid in excess of the actual amount due and owing may be recovered from the payee through the following procedures: 1. Upon the determination that an error in payroll amount has been made, the agency which certified the claim or claims shall notify the payee in writing within ten (10) days from said determination. The notice to the payee shall contain: a. the amounts paid in error, b. the dates of said payments, c. the options available for repayment, and d. the right of the payee to protest the findings.

 Said notice shall also provide space for the payee to indicate an election of a repayment option or to protest the findings. Said election shall be required within thirty (30) days after the notification; 2. If the payee is, at the time of said notification, an officer or employee of the agency seeking repayment, options available for repayment shall be by: a. lump-sum cash repayment, b. reduction of the corrected current salary or miscellaneous payroll deduction in a lump sum or in installments over a term not to exceed the term in which the erroneous payments were made, c. reduction in accrued annual leave by an amount of time at the then current correct salary level equal in value to the total of the amount or amounts to be repaid, or d. any combination thereof; 3. If the payee is, at the time of said notification, an officer or employee of an agency of the state other than the agency seeking repayment, the options provided by paragraph 2 of this subsection may be exercised by the payee with the approval of the then current employing agency. Payment of amounts deducted or charged against annual leave shall be paid to the agency seeking repayment by an appropriate miscellaneous claim for interagency payment. If a payroll deduction is elected pursuant to the provisions of this paragraph and employment is subsequently terminated, any balance remaining shall be deducted from any final payment otherwise due to the employee; 4. If the payee is no longer an employee of the state but agrees to repay the amount or amounts paid in error, repayment may be accepted: a. by lump-sum cash repayment, or b. in installments over a period not to exceed twelve (12) months; 5. If the payee is no longer an employee of the state, and does not respond or cannot be located within ten (10) days after mailing of the determination of error, or refuses repayment, the agency seeking repayment shall present the facts in writing to the Attorney General and shall send a copy to the Office of Management and Enterprise Services. The Attorney General shall determine what action may be taken to recover said amount; and 6. Repayments other than by reduction in present salary or reduction in accrued annual leave for a payee currently employed by the agency seeking repayment shall be deposited in the General Revenue Fund unless the fund to which the amount in error was originally charged can be identified and was other than a General

Revenue Fund appropriation. Said deposits shall be treated as nonrevenue receipts. Added by Laws 1983, c. 274, § 4, operative July 1, 1983. Amended by Laws 1986, c. 158, § 9, operative July 1, 1986; Laws 1989, c. 344, § 2. Renumbered from § 840.23 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1998, c. 364, § 31, emerg. eff. June 8, 1998; Laws 2003, c. 212, § 11, eff. July 1, 2003; Laws 2012, c. 304, § 878; Laws 2022, c. 243, § 15, emerg. eff. May 11, 2022.

§74-840-2.20. Leave benefits - Emergency and permanent rules. 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

 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 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;

 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. Added by Laws 1985, c. 203, § 113, operative July 1, 1985. Amended by Laws 1988, c. 85, § 1, eff. July 1, 1988; Laws 1992, c. 367, § 3, eff. July 1, 1992. Renumbered from § 840.7a of this title by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 283, § 11, eff. Sept. 1, 1994; Laws 1995, c. 358, § 11, emerg. eff. June 9, 1995; Laws

1996, c. 320, § 4, emerg. eff. June 12, 1996; Laws 1998, c. 235, § 2, eff. July 1, 1998; Laws 1998, c. 399, § 1; Laws 1999, c. 21, § 1, eff. July 1, 1999; Laws 2001, c. 348, § 3, eff. Nov. 1, 2001; Laws 2003, c. 145, § 1, eff. July 1, 2003; Laws 2004, c. 312, § 7, eff. July 1, 2004; Laws 2004, c. 401, § 1, eff. July 1, 2004; Laws 2005, c. 437, § 1, eff. July 1, 2005; Laws 2006, c. 230, § 2, eff. July 1, 2006; Laws 2009, c. 423, § 1, eff. July 1, 2009; Laws 2011, c. 37, § 1; Laws 2012, c. 304, § 879; Laws 2021, c. 173, § 1, eff. Nov. 1, 2021; Laws 2021, c. 438, § 3, emerg. eff. May 7, 2021; Laws 2022, c. 243, § 16, emerg. eff. May 11, 2022; Laws 2023, 1st Ex. Sess., c. 18, § 2, eff. July 1, 2023; Laws 2024, c. 452, § 172, emerg. eff. June 14, 2024. NOTE: Laws 1994, c. 242, § 6 repealed by Laws 1995, c. 358, § 12, emerg. eff. June 9, 1995.

§74-840-2.20A. Agency closings and reductions in services - Employee leave or relocation. A. When an agency of the State of Oklahoma or part of such an agency is closed because of an imminent peril threatening the public health, safety, or welfare of state employees or the public, the appointing authority shall place employees who are scheduled to work in the closed area on paid administrative leave or shall assign them to work in another location. Employees who are on paid administrative leave shall be in standby or on-call status during their normal scheduled duty hours. The appointing authority may call such employees to return to their normal duties and work location or respond to the demands of the situation as necessary. B. When the Governor or a designee of the Governor authorizes agencies or parts of agencies to maintain basic minimum services because hazardous weather conditions impede or delay the movement of employees to and from work, employees responsible for providing such basic minimum services shall report to work. Appointing authorities of agencies shall be responsible for determining essential agency functions and ensuring that employees who staff such functions are so informed. Leave alternatives for those employees not responsible for basic minimum services shall be established by the Director of the Office of Management and Enterprise Services. C. Appointing authorities of affected agencies shall notify the Office of Management and Enterprise Services of agency closings and reductions in services pursuant to this section. D. The provisions of this section are applicable to agencies and employees in the executive department of state government, including those on temporary and other limited term appointments. The provisions of this section shall not be applicable to employees of institutions within The Oklahoma State System of Higher Education.

 E. The Director of the Office of Management and Enterprise Services shall adopt rules necessary to implement the provisions of this section. Added by Laws 1996, c. 320, § 5, emerg. eff. June 12, 1996. Amended by Laws 2012, c. 304, § 880.

§74-840-2.20B. Leaves of absence for state employees serving as donors. A. Any employee of this state, its departments or agencies shall be granted a leave of absence, subject to approval of the scheduling of such leave by the employee’s Appointing Authority, with medical necessity being the primary determinant for such approval, for the time specified for the following purposes: 1. Five (5) workdays to serve as a bone marrow donor if the employee provides the employer written verification that the employee is to serve as a bone marrow donor; and 2. Thirty (30) workdays to serve as a human organ donor if the employee provides the employer written verification that the employee is to serve as a human organ donor. B. An employee who is granted a leave of absence pursuant to the provisions of this section shall receive the base state pay without interruption during the leave of absence. For purposes of determining seniority, pay or pay advancement, and performance awards, and for the receipt of any benefit that may be affected by a leave of absence, the service of the employee shall be considered uninterrupted by the leave of absence. C. A state agency shall not penalize an employee for requesting or obtaining a leave of absence pursuant to the provisions of this section. D. The leave authorized by this section may be requested by the employee only if the employee is the person who is serving as the donor. Added by Laws 2002, c. 222, § 2, eff. July 1, 2002. Amended by Laws 2002, c. 451, § 1, eff. July 1, 2002. Renumbered from § 2220.11 of Title 63 by Laws 2002, c. 451, § 2, eff. July 1, 2002.

§74-840-2.20C. Written notice of furlough to state employees. A. Each agency, as defined by Section 840-1.3 of this title, shall provide a written notice to any employee of such agency who will be furloughed by the agency at least thirty (30) days prior to the first date that the furlough period is scheduled to begin. The notice shall provide information about the anticipated first date of the furlough period and an estimate of the duration of the furlough or the day or days during which the furlough will be in effect. B. The furlough notice shall be provided to the Director of the Office of Management and Enterprise Services and any state employee association representing state employees at such time.

 C. Subsection A of this section shall not apply to disruptions in funding to state agencies caused by actions at the federal level. Added by Laws 2012, c. 140, § 1. Amended by Laws 2014, c. 158, § 1, eff. Nov. 1, 2014.

§74-840-2.20D. Maternity leave. A. Any full-time employee of this state who has been employed by the state agency for at least two (2) years prior to the request for leave shall be entitled to six (6) weeks of paid maternity leave following the birth or adoption of the employee’s child. B. Paid maternity leave pursuant to this section shall be in addition to and not in place of sick leave due to pregnancy, as authorized by Section 840-2.20 of Title 74 of the Oklahoma Statutes. C. An employee who is granted maternity leave pursuant to the provisions of this section shall receive the employee’s annual salary without interruption during the maternity leave. For purposes of determining seniority, pay or pay advancement, and performance awards, and for the receipt of any benefit that may be affected by maternity leave, the service of the employee shall be considered uninterrupted by the maternity leave. D. The Director of the Office of Management and Enterprise Services may promulgate rules to implement the provisions of this section. Added by Laws 2023, 1st Ex. Sess., c. 32, § 1, eff. Nov. 1, 2023.

§74-840-2.21. Leave without pay. 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

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 (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

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. Added by Laws 1988, c. 199, § 1, emerg. eff. June 9, 1988. Amended by Laws 1989, c. 89, § 1, operative July 1, 1989; Laws 1991, c. 151, § 1, eff. Sept. 1, 1991. Renumbered from § 840.7b of this title by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 283, § 12, eff. Sept. 1, 1994; Laws 1999, c. 172, § 1, emerg. eff. May 21, 1999; Laws 2002, c. 347, § 8, eff. Nov. 1, 2002; Laws 2004, c. 312, § 8, eff. July 1, 2004; Laws 2012, c. 304, § 881; Laws 2022, c. 243, § 17, emerg. eff. May 11, 2022.

§74-840-2.21A. Renumbered as § 2-310.2 of Title 47 by Laws 2007, c. 62, § 29, emerg. eff. April 30, 2007.

§74-840-2.22. Family and medical leave. The Director of the Office of Management and Enterprise Services shall promulgate emergency and permanent leave rules as necessary to implement the federal Family and Medical Leave Act of 1993 and rules thereto. Such leave rules shall permit an employee to select any one or a combination of the following types of leave to account for authorized absences covered by the Family and Medical Leave Act of 1993: leave without pay; annual and sick leave accumulated by the employee; and annual and sick leave donated by other state employees; and compensatory time. Added by Laws 1989, c. 344, § 1. Amended by Laws 1992, c. 221, § 1, eff. July 1, 1992; Laws 1994, c. 242, § 7. Renumbered from § 840.7c of this title by Laws 1994, c. 242, § 54. Amended by Laws 1997, c. 286, § 3, eff. July 1, 1997; Laws 2001, c. 381, § 4, eff. July 1, 2001; Laws 2004, c. 312, § 9, eff. July 1, 2004; Laws 2012, c. 304, § 882.

§74-840-2.23. State leave-sharing program eligibility – Leave of 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,

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

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. 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;

 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. Added by Laws 1990, c. 140, § 1, operative July 1, 1990. Amended by Laws 1992, c. 221, § 2, eff. July 1, 1992. Renumbered from § 840.7d of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 74, § 1, eff. Nov. 1, 1995; Laws 1996, c. 320, § 6, emerg. eff. June 12, 1996; Laws 1999, c. 306, § 7, eff. July 1, 1999; Laws 2000, c. 298, § 1, emerg. eff. June 5, 2000; Laws 2001, c. 1, § 1, emerg. eff. Feb. 20, 2001; Laws 2001, c. 381, § 5, eff. July 1, 2001; Laws 2002, c. 22, § 31, emerg. eff. March 8, 2002; Laws 2002, c. 347, § 9, eff. Nov. 1, 2002; Laws 2004, c. 312, § 10, eff. July 1, 2004; Laws 2009, c. 12, § 4, eff. July 1, 2009; Laws 2018, c. 217, § 1, eff. Nov. 1, 2018; Laws 2022, c. 243, § 18, emerg. eff. May 11, 2022. NOTE: Laws 2001, c. 349, § 1 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.

§74-840-2.23A. National disaster leave. A. An appointing authority may grant leave with pay not to exceed fifteen (15) working days to a state employee who is affected

by a presidentially declared national disaster in Oklahoma after May 1, 1999, if: 1. The employee suffered a physical injury as a result of the disaster; 2. A relative or household member of the employee, as defined by subsection B of Section 840-2.23 of Title 74 of the Oklahoma Statutes, suffered a physical injury or died as a result of the disaster; or 3. The domicile of the employee or the domicile of a relative of the employee, as defined by subsection B of Section 840-2.23 of Title 74 of the Oklahoma Statutes, was damaged or destroyed as a result of the disaster. B. The authority to grant leave with pay pursuant to subsection A of this section shall extend for a period of not more than eighteen (18) months after the date of a presidentially declared national disaster. C. Annual leave, sick leave, or compensatory time which was charged to a state employee as a result of the presidentially declared national disaster resulting from the May 3, 1999, tornadoes that would have otherwise been eligible for the leave provision in subsection A of this section, may be reinstated by the appointing authority. A state employee entitled to leave with pay pursuant to this section who was charged leave without pay shall be compensated at the base rate of pay of the employee. Added by Laws 1999, c. 306, § 8, eff. July 1, 1999. Amended by Laws 2000, c. 298, § 2, emerg. eff. June 5, 2000.

§74-840-2.24. Participation in specialized disaster relief services - Leave with pay. A. 1. As used in this subsection, "disaster" means disasters designated at level III and above in the American Red Cross Regulations and Procedures. 2. Any state employee in the executive branch of state government who is a certified disaster service volunteer of the American Red Cross or a member of the United States Air Force Auxiliary Civil Air Patrol, with the authorization of the chief executive officer of the state agency, may be granted a leave with pay not to exceed fifteen (15) working days in any twelve-month period to participate in specialized disaster relief services within the State of Oklahoma for the American Red Cross or the United States Air Force Auxiliary Civil Air Patrol, upon the request of the American Red Cross or the United States Air Force Auxiliary Civil Air Patrol and with the approval of the office of the Governor of this state, without the loss of pay, annual leave, sick leave, accrued overtime wages or compensatory time. The agency shall compensate an employee granted leave time under this section at his

or her regular rate of pay for those regular work hours during which the employee is absent from work. 3. Notwithstanding the provision of paragraph 2 of this subsection, state employees certified as disaster volunteers shall not exceed five hundred (500) participants at any one time. A list of such employees will be coordinated with the Department of Civil Emergency Management and the office of the Governor of this state. Within sixty (60) days of any request made by the American Red Cross or the United States Air Force Auxiliary Civil Air Patrol, a report shall be prepared by the American Red Cross or the United States Air Force Auxiliary Civil Air Patrol and submitted to the Governor's office stating the reasons and needs for any request made. B. Any state officer or employee in the executive branch of state government authorized by the employing agency of the officer or employee to volunteer in a disaster relief activity during a presidentially declared national disaster in Oklahoma after May 1, 1999, for a period of not more than six (6) months after the date of the presidentially declared national disaster, shall not have to use accrued leave or need to make up any time due to the performance of their volunteer activities. C. Private employers are encouraged to allow their employees to take leave in order to participate in volunteer disaster service programs. D. School administrators are encouraged to allow students, sixteen (16) years of age or older to be out of school to participate in volunteer disaster service programs. Added by Laws 1994, c. 136, § 1, emerg. eff. May 2, 1994. Renumbered from Title 74, § 840.7e by Laws 1994, c. 242, § 54. Amended by Laws 1999, c. 172, § 2, emerg. eff. May 21, 1999; Laws 2010, c. 92, § 1, eff. Nov. 1, 2010.

§74-840-2.25. Meetings of job-related professional organizations - Leave to attend - Activities excluded. A. An employee shall be entitled to take leave with pay not to exceed three (3) days a year to attend meetings of job-related professional organizations of which the employee is a member upon receiving permission from the appointing authority. The denial by an appointing authority or organizational leave shall be in writing and state the reasons for denying said leave. B. The leave authorized by this section shall not be used for lobbying activities which include the lobbying of legislative or executive branch elected officials within state-owned or leased buildings. Added by Laws 1982, c. 338, § 41, eff. July 1, 1982. Amended by Laws 1989, c. 344, § 3; Laws 1994, c. 242, § 38. Renumbered from § 841.20 of this title by Laws 1994, c. 242, § 54. Amended by Laws 2022, c. 243, § 19, emerg. eff. May 11, 2022.

§74-840-2.26. Flextime attendance policies and alternative work schedules. A. In order to provide increased services to the public, to assist state employees in meeting the needs of their families, improve employee morale and productivity, appointing authorities are encouraged to consider the adoption of flextime attendance policies and alternative work schedules. B. For purposes of this section, "flextime" means a regular, eight-hour-day work schedule that permits the use of alternative starting and ending times within limits set by the appointing authority and that includes a common work period during which all employees are expected to be present. C. The Director of the Office of Management and Enterprise Services shall provide technical assistance to agencies in developing flextime policies and alternative work schedules and shall promulgate rules pursuant to the Administrative Procedures Act as necessary for such policies. Added by Laws 1994, c. 242, § 39. Amended by Laws 2005, c. 176, § 4, eff. July 1, 2005; Laws 2012, c. 304, § 883.

§74-840-2.27. Renumbered as § 840-2.27C of this title by Laws 1997, c. 287, § 20, eff. July 1, 1997.

§74-840-2.27A. Repealed by Laws 2022, c. 243, § 27, emerg. eff. May 11, 2022.

§74-840-2.27B. Repealed by Laws 2022, c. 243, § 27, emerg. eff. May 11, 2022.

§74-840-2.27C. Reduction-in-force plan. A. At least thirty (30) days before the scheduled beginning of reduction-in-force separations or as otherwise provided by law, the appointing authority shall post in each office of executive branch agencies affected by the proposed reduction-in-force notice that a reduction-in-force will be conducted. The reduction-in-force implementation plan shall be provided to the Director of the Office of Management and Enterprise Services and any state employee association representing state employees at such time. The notice shall not be posted unless approved by the cabinet secretary for the agency conducting the reduction-in-force. If there is no incumbent cabinet secretary for the agency, the cabinet-secretary-notice- approval requirement shall not be applicable. If the appointing authority is governed by an elected official, the cabinet-secretary- notice-approval requirement shall not be applicable. The approved notice shall be posted in each office affected by the proposed plan for five (5) days. The appointing authority shall provide a copy of

the notice to the Administrator. A reduction-in-force shall not be used as a disciplinary or retaliatory action; provided, that a low job performance evaluation, within the past twelve (12) months, may be a factor considered by the appointing authority during a reduction-in-force. B. The reduction-in-force implementation plan shall: 1. Provide for the appointing authority to determine the specific position or positions to be abolished within specified units, divisions, facilities, agency-wide or any parts thereof; and 2. Provide outplacement assistance and employment counseling from the Oklahoma Employment Security Commission and any other outplacement assistance and employment counseling made available by the agency to affected employees regarding the options available pursuant to the State Government Reduction-in-Force and Severance Benefits Act prior to the date that a reduction-in-force is implemented. C. The Director of the Office of Management and Enterprise Services shall review the fiscal components of the reduction-in- force implementation plan and within five (5) business days of receipt reject any plan that does not: 1. Demonstrate that funds are available to cover projected costs; and 2. Contain an estimate of the cost savings or reduced expenditures likely to be achieved by the agency. If the reduction-in-force is conducted pursuant to a reorganization, the fiscal components of the reduction-in-force implementation plan shall contain reasons for the reorganization, which may include, but not be limited to, increased efficiency, improved service delivery, or enhanced quality of service. D. When the Legislature is not in session, the Contingency Review Board may, upon the request of the Governor, direct agencies, boards and commissions to reduce the number of employees working for the agency, board or commission whenever it is deemed necessary and proper. Such reduction shall be made pursuant to reduction-in-force plans as provided in this section. E. 1. When the Legislature is not in session, the Contingency Review Board may, upon the request of the Governor, direct and require mandatory furloughs for all state employees whenever it is deemed necessary and proper. The Contingency Review Board shall specify the effective dates for furloughs and shall note any exceptions to state employees affected by the same. All employees, including those employees of agencies or offices established by statute or the Constitution, shall be affected by such actions. 2. Mandatory furlough means the involuntary temporary reduction of work hours or the placement of an employee on involuntary leave without pay. Rules governing leave, longevity pay and participation in the State Employees Group Health, Dental, Disability, and Life

Insurance program shall not be affected by mandatory furloughs. Furlough, as provided for in this section or by rules adopted by the Director of the Office of Management and Enterprise Services, shall not be appealable under the provisions of this act. 3. Notwithstanding existing laws or provisions to the contrary, members of state boards and commissions shall not receive per diem expenses during periods of mandatory furlough. The Contingency Review Board shall additionally call upon elected officials, members of the judiciary, and other public officers whose salary or emoluments cannot be altered during current terms of office, to voluntarily donate to the General Revenue Fund any portion of their salary which would otherwise have been affected by a mandatory furlough. F. All agencies directed by the Contingency Review Board to terminate or furlough employees, shall report the cumulative cost savings achieved by the reductions-in-force or furloughs to the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives on a quarterly basis for one (1) year following the effective date of the action. G. The appointing authority of an agency which has an approved reduction-in-force plan pursuant to the State Government Reduction- in-Force and Severance Benefits Act may request the Director of the Office of Management and Enterprise Services to appoint an interagency advisory task force for the purpose of assisting the agency and its employees with the implementation of the reduction- in-force. The appointing authority of state agencies requested by the Administrator to participate on a task force shall assign appropriate administrative personnel necessary to facilitate the necessary assistance required for the efficient implementation of the approved reduction-in-force. Added by Laws 1982, c. 338, § 35, eff. July 1, 1982. Amended by Laws 1983, c. 329, § 1, eff. July 1, 1983; Laws 1986, c. 84, § 7, eff. Nov. 1, 1986; Laws 1986, c. 244, § 7, emerg. eff. June 12, 1986; Laws 1991, c. 22, § 1, eff. Sept. 1, 1991. Renumbered from § 841.14 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1994, c. 283, § 15, eff. Sept. 1, 1994; Laws 1995, c. 263, § 8. Renumbered from § 840-4.18 of this title by Laws 1995, c. 263, § 10. Amended by Laws 1997, c. 287, § 6, eff. July 1, 1997. Renumbered from § 840-2.27 of this title by Laws 1997, c. 287, § 20, eff. July 1, 1997. Amended by Laws 1998, c. 256, § 2, eff. July 1, 1998; Laws 1999, c. 410, § 6, eff. Nov. 1, 1999; Laws 2001, c. 381, § 6, eff. July 1, 2001; Laws 2003, c. 212, § 13, eff. July 1, 2003; Laws 2003, c. 353, § 1, emerg. eff. June 3, 2003; Laws 2004, c. 312, § 11, eff. July 1, 2004; Laws 2005, c. 1, § 130, emerg. eff. March 15, 2005; Laws 2005, c. 453, § 2, eff. July 1, 2005; Laws 2007, c. 342, § 3, eff. July 1, 2007; Laws 2009, c. 38, § 1, eff. Nov. 1, 2009; Laws 2010, c. 2, § 101, emerg. eff. March 3, 2010; Laws 2012, c. 304, §

884; Laws 2022, c. 243, § 20, emerg. eff. May 11, 2022; Laws 2024, c. 341, § 1, eff. Nov. 1, 2024. NOTE: Laws 2004, c. 277, § 1 repealed by Laws 2005, c. 1, § 131, emerg. eff. March 15, 2005. Laws 2009, c. 12, § 5 repealed by Laws 2010, c. 2, § 102, emerg. eff. March 3, 2010.

§74-840-2.27D. Severance benefits. A. Agencies shall provide severance benefits to affected state employees who are separated from the state service as a result of a reduction-in-force due to a reorganization or any other action by an agency which results in affected positions being abolished and affected employees being severed from the state service. Severance benefits shall be given to permanent affected employees; provided, however, affected employees of the University Hospitals Authority must have been continuously employed in the state service since, on, or before January 1, 1995, to receive severance benefits. Affected employees who qualify for severance benefits pursuant to this section, in addition to the payment of any compensable accrued leave or other benefits an affected employee is eligible to receive upon separation from the state service, shall receive severance benefits consisting of the following elements: 1. All agency severance benefits shall provide the following: a. payment equal to the affected employee’s current health insurance premium for the affected employee only for eighteen (18) months based on the cost of the premium at the time of the reduction-in-force. The appointing authority of the agency can ask the Director of the Office of Management and Enterprise Services to waive the severance benefit provision in this subparagraph or to reduce the length of coverage or subsequent severance benefit payment upon demonstration of the agency’s inability to fund the full benefit, b. a longevity payment, as prescribed by Section 840-2.18 of this title, in the amount which would otherwise be paid to the affected employee on the affected employee’s next anniversary date, and c. outplacement assistance and employment counseling prior to and after the reduction-in-force from the Oklahoma Employment Security Commission and other state or private entities that the entity may contract with to assist individuals who may be impacted by a reduction-in-force; 2. In addition to the severance benefits provided by paragraph 1 of this subsection, agencies shall give affected employees severance benefit packages based on the following options; provided that all affected employees are accorded uniform treatment:

 a. up to one (1) week of pay, calculated by dividing the affected employee’s current annual salary by the whole number fifty-two (52), for each year of service, b. a lump-sum payment of Five Thousand Dollars ($5,000.00), or c. payment for accumulated sick leave or extended illness benefits at up to one-half (1/2) of the affected employee’s hourly rate not otherwise used pursuant to law for conversion to credited retirement credit; and 3. Agencies shall also be allowed to provide the severance benefits to separating employees not subject to the Civil Service and Human Capital Modernization Act and rules promulgated thereunder or whose position is not subject to an imminent reduction-in-force in exchange for executing a release of all claims against the agency and this state as required by Section 840-2.27E of this title. B. Part-time affected employees shall receive benefits pursuant to this section on a prorated basis. Part-time employees shall have been compensated for at least one thousand (1,000) hours during the twelve (12) months immediately preceding the effective date of the reduction-in-force to be eligible for severance benefits pursuant to the State Government Reduction-in-Force and Severance Benefits Act. Added by Laws 1997, c. 287, § 7, eff. July 1, 1997. Amended by Laws 1998, c. 256, § 3, eff. July 1, 1998; Laws 2001, c. 381, § 7, eff. July 1, 2001; Laws 2003, c. 212, § 14, eff. July 1, 2003; Laws 2003, c. 353, § 2, eff. July 1, 2003; Laws 2004, c. 5, § 94, emerg. eff. March 1, 2004; Laws 2012, c. 304, § 885; Laws 2022, c. 243, § 21, emerg. eff. May 11, 2022; Laws 2024, c. 341, § 2, eff. Nov. 1, 2024. NOTE: Laws 2003, c. 120, § 2 repealed by Laws 2004, c. 5, § 95, emerg. eff. March 1, 2004.

§74-840-2.27E. Separation agreement. Any affected employee who receives severance benefits pursuant to the State Government Reduction-in-Force and Severance Benefits Act shall execute a separation agreement with the employing agency, on forms to be prescribed by the Director of the Office of Management and Enterprise Services. The forms shall comply with applicable federal laws and may include but not be limited to the following elements: 1. Agreement by the affected employee that the receipt of the benefits is in lieu of continued employment with the agency or other severance benefits related to the current reduction-in-force; 2. Agreement by the affected employee that, to the extent allowed by federal or state law, respectively, the affected employee releases the State of Oklahoma and the agency from all claims, liabilities, demands and causes of action known or unknown, fixed or contingent, equitable, legal or administrative, except unemployment insurance;

 3. Agreement by the affected employee that, to the extent allowed by federal or state law, respectively, the affected employee releases the State of Oklahoma and the agency from any claim or cause of action which might arise under federal or state laws governing the employment relationship; and 4. Agreement by the affected employee that the affected employee knows and understands that the receipt of severance benefits is in exchange, to the extent allowed by federal or state law, for any rights the affected employee may have had to: a. continued employment with any agency, and b. future employment with the agency from which separated for a period of one (1) year from the date of the agreement, provided that nothing in this subparagraph shall prohibit an appointing authority of any agency from employing an affected employee who has received a severance benefit. The provisions of this section shall not prohibit any affected employee from accepting severance benefits from more than one agency during employment with the State of Oklahoma. Added by Laws 1997, c. 287, § 8, eff. July 1, 1997. Amended by Laws 2002, c. 347, § 10, eff. Nov. 1, 2002; Laws 2003, c. 212, § 15, eff. July 1, 2003; Laws 2012, c. 304, § 886; Laws 2021, c. 44, § 1, eff. Nov. 1, 2021.

§74-840-2.27F. Repealed by Laws 2022, c. 243, § 27, emerg. eff. May 11, 2022.

§74-840-2.27G. Repealed by Laws 2022, c. 243, § 27, emerg. eff. May 11, 2022.

§74-840-2.27H. Repealed by Laws 1998, c. 256, § 11, eff. July 1, 1998.

§74-840-2.27I. Repealed by Laws 2022, c. 243, § 27, emerg. eff. May 11, 2022.

§74-840-2.28. Repealed by Laws 2024, c. 341, § 3, eff. Nov. 1, 2024.

§74-840-2.28A. Repealed by Laws 2024, c. 341, § 3, eff. Nov. 1, 2024.

§74-840-2.28B. Repealed by Laws 2024, c. 341, § 3, eff. Nov. 1, 2024.

§74-840-2.29. Repealed by Laws 2022, c. 243, § 27, emerg. eff. May 11, 2022.

§74-840-2.30. Payment for time not worked - Public accountability – Department of Public Safety employee exemption and requirements. A. It is the policy of the State of Oklahoma to be accountable to state taxpayers for the expenditure of public funds. To this end, all state employees shall be paid according to a pay system established pursuant to the principles of public accountability that prohibits payment to any state employee for time not worked unless the time not worked is covered by available paid leave. Violation of this provision may result in disciplinary action and criminal prosecution under Oklahoma law. B. 1. The Department of Public Safety shall be exempt from the provisions of subsection A of this section as it relates to holiday leave for employees of the Department of Public Safety appointed by the Commissioner of Public Safety pursuant to subsection A of Section 2-105 of Title 47 of the Oklahoma Statutes. 2. Notwithstanding the dates to be observed as holidays in 2009, as specified and approved by the Governor pursuant to Section 82.1 of Title 25 of the Oklahoma Statutes, on the effective date of this act the Department of Public Safety shall schedule and grant holiday leave for employees prescribed in paragraph 1 of this subsection as is necessary to appropriately perform the functions of the Oklahoma Highway Patrol Division of the Department, regardless of whether the holiday leave is granted on, before, or after the actual date of the holiday specified and approved by the Governor. 3. For the calendar year beginning January 1, 2010, and for each calendar year thereafter, all leave hours for the number of holidays to be observed in the calendar year, as specified and approved by the Governor pursuant to Section 82.1 of Title 25 of the Oklahoma Statutes, shall accrue in total on January 1 of the calendar year for each employee prescribed in paragraph 1 of this subsection. Notwithstanding the dates to be observed as holidays in the calendar year, the Department of Public Safety shall schedule and grant holiday leave for the calendar year for employees prescribed in paragraph 1 of this subsection as is deemed necessary to appropriately perform the functions of the Oklahoma Highway Patrol Division of the Department, regardless of whether the holiday leave is granted on, before, or after the actual date of the holiday specified and approved by the Governor. 4. The Department shall schedule and grant for each employee specified in paragraph 1 of this subsection and the employee shall use holiday leave, as specified in this subsection, in eight-hour increments or multiples of eight-hour increments; provided: a. the Department shall not schedule and grant for any employee and the employee shall not use more holiday leave in any calendar year than is specified and approved by the Governor for that calendar year,

 pursuant to Section 82.1 of Title 25 of the Oklahoma Statutes, and b. the Department shall schedule and grant for each employee and the employee shall use all holiday leave during the calendar year in which it is specified and approved by the Governor. Holiday leave shall not carry over from one (1) calendar year to the next calendar year. 5. If an employee prescribed in paragraph 1 of this subsection leaves the service of the state, and the Department has scheduled and granted the employee and the employee has used holiday leave which is in excess of the number of holidays left in the calendar year during which the employee leaves the service of the state, the Department shall deduct the number of excess hours of holiday leave used by the employee from the accrued annual leave of the employee. Added by Laws 2005, c. 176, § 5, eff. July 1, 2005. Amended by Laws 2009, c. 310, § 4, eff. July 1, 2009.