Oklahoma § 74-840.2
Full text of Oklahoma Oklahoma Statutes § 74-840.2, with citation guidance and answers to common questions.
§ 74-840.2.
242, § 54.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
Renumbered as § 840-1.2 of this title by Laws 1994, c.
Oklahoma Statutes - Title 74. State Government
§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Repealed by Laws 2013, c. 84, § 1, eff.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Repealed by Laws 2013, c. 84, § 2, eff.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Repealed by Laws 2013, c. 84, § 3, eff.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Repealed by Laws 2013, c. 84, § 4, eff.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.
11, 2022.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
§74-840-2.6.
11, 2022.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
§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
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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.
Oklahoma Statutes - Title 74. State Government
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.
Oklahoma Statutes - Title 74. State Government
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,
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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.
Oklahoma Statutes - Title 74. State Government
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;
Oklahoma Statutes - Title 74. State Government
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,
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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;
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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 8402.28 of this title.
E. To determine years of service, cumulative periods of fulltime 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. Parttime 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
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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;
Oklahoma Statutes - Title 74. State Government
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.
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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;
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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.
Oklahoma Statutes - Title 74. State Government
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.
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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,
Oklahoma Statutes - Title 74. State Government
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 lifethreatening;
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
Oklahoma Statutes - Title 74. State Government
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;
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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
Oklahoma Statutes - Title 74. State Government
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.
Oklahoma Statutes - Title 74. State Government
§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.
11, 2022.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
§74-840-2.27B.
11, 2022.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
§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-noticeapproval requirement shall not be applicable. If the appointing
authority is governed by an elected official, the cabinet-secretarynotice-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
Oklahoma Statutes - Title 74. State Government
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-inforce 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
Oklahoma Statutes - Title 74. State Government
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 Reductionin-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 reductionin-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, §
Oklahoma Statutes - Title 74. State Government
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:
Oklahoma Statutes - Title 74. State Government
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;
Oklahoma Statutes - Title 74. State Government
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.
11, 2022.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
§74-840-2.27G.
11, 2022.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
§74-840-2.27H.
1998.
Repealed by Laws 1998, c. 256, § 11, eff. July 1,
§74-840-2.27I.
11, 2022.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
§74-840-2.28.
2024.
Repealed by Laws 2024, c. 341, § 3, eff. Nov. 1,
§74-840-2.28A.
2024.
Repealed by Laws 2024, c. 341, § 3, eff. Nov. 1,
§74-840-2.28B.
2024.
Repealed by Laws 2024, c. 341, § 3, eff. Nov. 1,
§74-840-2.29.
11, 2022.
Repealed by Laws 2022, c. 243, § 27, emerg. eff. May
Oklahoma Statutes - Title 74. State Government
§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,
Oklahoma Statutes - Title 74. State Government
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.
Frequently Asked Questions About Oklahoma § 74-840.2
What does Oklahoma Statutes § 74-840.2 cover?
Section 74-840.2 is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 74-840.2?
A common citation format is "Oklahoma Statutes § 74-840.2" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 74-840.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.