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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 87 By: Boren
AS INTRODUCED
An Act relating to paid leave for state employees;
amending 74 O.S. 2021, Section 840 -2.20, as last
amended by Section 172, Chapter 452, O. S.L. 2024 (74
O.S. Supp. 2024, Section 840 -2.20), which relates to
leave benefits; updating statutory reference;
providing for parental leave for state employees;
amending Section 1, Chapter 32, 1st Extraordinary
Session, O.S.L. 2023 (74 O.S. Supp. 2024, S ection
840-2.20D), which relates to paid maternity leave for
state employees; providing for parental leave for
eligible state employees; requiring that certain
employees continue to receive compensation during
leave; providing protections for certain emplo yees
during leave; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 840 -2.20, as
last amended by Section 172, Chapter 452, O.S.L. 2024 ( 74 O.S. Supp.
2024, Section 840-2.20), is amended to read as follows:
Section 840-2.20. 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 neces sary
to assist the state and its agencies.
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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 le ave 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 t he
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 compen sation
at the employee’s regular rate of pay for the amount of excess leave
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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 July 1, 2023,
the following accrual rates and accumul ation limits apply to
eligible employees as follows:
ACCRUAL RATES ACCUMULATION
LIMITS
Cumulative
Years of Annual Sick Annual
Service Leave Leave Leave
Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days
5-10 yrs = 18 day/yr 15 days/yr 80 days
10-20 yrs = 20 day/yr 15 days/yr 80 days
over 20 yrs = 25 day/yr 15 days/yr 80 days
Following an emergency declaration as described in Section 683.8
of Title 63 of the Oklahoma Statutes, the accumulation limits for
annual leave shall temporarily increase and shall carryover to the
end of the fiscal year following the year in which the emergency
declaration ended.
All annual leave that accrued or expired during the period of
the emergency declarations issued by the Governor in 2020 and 2021
in response to the novel coronavirus (COVID -19) shall carry over to
the end of the fiscal year following the year in which the emergency
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declaration ended regardless of regulatory provisions tha t 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, us e, or be paid for sick leave and annual
leave. Such employees shall be eligi ble 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 righ ts
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;
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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 employme nt restored if
they return to state employment provided that the state employ ees’
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) year s expire;
7. Employees who are volunteer firefighters pursuant to the
Oklahoma Volunteer Firefighters Act and who are called to fight a
fire shall not have to use any accrued leave or need to make up any
time due to the performance of their volunteer fire fighter duties;
8. Employees who are reserve municipal police officers pursu ant
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 ma ke 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 emerg ency 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
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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 judg es, 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
parental 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
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maximum of six hundred forty (640) hours of annual leave upon
separation from state service.
SECTION 2. AMENDATORY Section 1, Chapter 32, 1st
Extraordinary Session, O.S.L. 2023 (74 O.S. Supp. 2024, Section 840 -
2.20D), is amended to read as follows:
Section 840-2.20D. 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 parental leave following the birth or adoption of the
employee’s child.
B. Paid maternity parental 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 parental leave pursuant
to the provisions of this section shall receive the employee ’s
annual salary without inte rruption during the maternity parental
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 parental leave, the
service of the employee shall be considered uninterrupted by the
maternity parental leave.
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D. The Director of the Office of Management and Enterprise
Services may promulgate rules to implement the provisions of this
section.
SECTION 3. This act shall become effective Nov ember 1, 2025.
60-1-1046 RD 12/20/2024 2:39:46 PM