Oklahoma state leave laws differ little from the federal Family and Medical Leave Act. For eligible medical or family issues, employees can expect time off of up to 12 weeks. It is not paid, but an employee is guaranteed to continue to hold a position at the same salary at the end of the 12 weeks.

The situation is a bit different for employees who work for public sector agencies in Oklahoma. The state’s Family Leave Law dictates how public sector employees must take leave for family-related reasons.

For the most part, the Oklahoma Family Leave Law follows the federal FMLA. The few differences that do exist usually work in favor of the employees. The laws allow employees to share time off leave and offer additional options for those affected by a national disaster or those who wish to donate an organ.

SharedLeave

Oklahoma allows state employees to donate annual or sick leave to coworkers who need it but don’t have any accrued leave of their own. To receive donated leave time, employees must:

  • Be eligible for and require sick leave;
  • Suffer from or have a household member with a serious illness, injury or impairment for which the employee needs time off;
  • Being affected by a national disaster declared by the president in Oklahoma. If the employee, their spouse, relative, household member or household were injured or damaged during the disaster, the employee is eligible to receive donated leave for up to six months after the disaster.
  • Be a permanent classified employee with more than six months of continuous employment;
  • Have exhausted all available paid leave.

The agency managing director will determine the amount of donated leave to award to the employee and may require a medical certification of the leave. Oklahoma has a limit on donated license; employees cannot receive more than 261 days. However, an employee will be paid their regular rate of pay while on donated leave.

national disaster leave

State employees affected by a presidentially declared national disaster may be granted up to 15 days of paid leave. “Affected” is defined as having:

  • Physical harm to the worker or his family member.
  • Destruction or damage to the home of the worker or a family member.

Organ Donation License

State employees serving as bone marrow donors are granted up to five days of paid leave. If a state employee is serving as an organ donor, they will be granted up to 30 days of paid leave. Employees will receive base pay during time off for organ and tissue donations, and benefits and seniority will accrue as if there was no absence. The employee must provide written verification of the purpose of the leave.