Oklahoma Leave Laws

April 26th 2024

Time away from work is crucial for the health and welfare of employees, which is why Oklahoma has established specific regulations governing leave entitlements applicable to both public and private sector employers.

This article provides an overview of the different types of leave in Oklahoma. The state categorizes leave into two groups: mandatory and non-mandatory, each with their own guidelines and stipulations.

This Article Covers

Oklahoma Required Leave
Oklahoma Non-Required Leave

Oklahoma Required Leave

The following types of leave are mandatory for Oklahoma employers:

1. Annual Leave

  • Eligibility: Employees qualify for annual leave based on their status as probationary or permanent employees and their years of service.
  • Duration: The accrual of annual leave varies depending on the number of years an employee has worked at a company. If they have served for less than five years, they earn 15 days of annual leave per year and can accumulate up to 45 days. If they have served for 5-10 years, they earn 18 days of annual leave per year and can accumulate up to 78 days. If they have served for 10-20 years, they earn 20 days of annual leave per year and can accumulate up to 80 days.
  • Circumstance for Utilizing Leave: Vacations, personal time off or sickness (if an employee has used up their sick leave). 
  • Pay: Annual leave is paid in Oklahoma. 

2. Sick Leave (Public Employers)

  • Eligibility: Full-time state employees must be offered sick leave. Temporary or other limited-term employees are not eligible for sick leave. 
  • Duration: Employees accrue sick leave based on the hours worked within each pay period, excluding overtime. There is no limit to the amount of sick leave an employee can accumulate. Each eligible employee is entitled to a minimum of 15 sick leave days. 
  • Circumstance for Utilizing Leave: Sickness, injury, pregnancy, medical treatments, and if the employee’s condition can harm the health of others at work.

3. Family and Medical Leave

  • Eligibility: Employers in Oklahoma are eligible for this type of leave under the federal Family and Medical Leave Act (FMLA) if they have worked for the employer for at least 12 months and 1,250 hours in the prior 12 months. FMLA applies to all public agencies, public and private schools, and companies with 50 or more employees.
  • Duration: Up to 12 weeks per year. 
  • Circumstance for Utilizing Leave: Caring for a newborn or foster child, caring for an immediate family member with a serious health condition, or needing time off due to your own serious health condition. 
  • Pay: The leave provided under FMLA is unpaid, but job protection is guaranteed during the leave period.

4. Jury Duty Leave

  • Eligibility: All employees in Oklahoma are eligible for jury duty leave if they receive a summons to serve on a jury.
  • Duration: The duration required for jury service. 
  • Circumstance for Utilizing Leave: To fulfill the civic duty of serving on a jury.
  • Pay: Jury duty leave is unpaid in Oklahoma.

5. Voting Leave

  • Eligibility: Employers in Oklahoma are required to allow employees who are registered to vote time off for voting unless there is a three-hour voting window before or after the employee’s regular work hours.  
  • Duration: Up to 2 hours. 
  • Circumstance for Utilizing Leave: To vote in an election. 
  • Pay: Voting leave is paid in Oklahoma.

6. Military Leave

  • Eligibility: Employees in Oklahoma who serve in the National Guard or any reserve component of the Armed Forces must receive time off for active or inactive military duty
  • Duration: The scheduled and expected duration of the service.
  • Circumstance for Utilizing Leave: For active or inactive duty as part of military service.
  • Pay: Paid leave is granted for the first 30 workdays within the federal fiscal year, which runs from October 1 to September 30.

7. Enforced Leave

  • Eligibility: Permanent or probationary employees in Oklahoma must be offered enforced leave
  • Duration: Up to 10 days. 
  • Circumstance for Utilizing Leave: Illness, injury of a family member, mental or physical disability of the employee’s child if they are unable to take care of themselves, or death in the family or household. 
  • Pay: This leave is provided with pay.

8. Donor Leave (Public Employers)

  • Eligibility: State employees of Oklahoma, or those working in its departments or agencies are eligible for donor leave if they are donating an organ or bone marrow.
  • Duration: Up to 5 workdays when donating bone marrow, and up to 30 workdays when donating an organ. 
  • Circumstance for Utilizing Leave: To donate an organ or bone marrow. 
  • Pay: Employers in Oklahoma must pay employees on donor leave.

9. Holiday Leave (Public Employers)

  • Eligibility: State employees of Oklahoma, excluding temporary and limited-term employees are granted holiday leave.
  • Duration: Specific holidays throughout the year; two days before or after Christmas if it falls on a workday, the Friday before a holiday if it falls on a Saturday, the Monday after a holiday if it falls on a Sunday, and if an employee is required to work on a holiday, a leave day on another day. 
  • Circumstance for Utilizing Leave: Observance of federal and state holidays.
  • Pay: Holiday leave is paid in Oklahoma. If an employee is required to work on an official holiday they must be compensated with paid leave on another day.

The following are the official federal holidays observed in the US:

State Official Holidays Date
New Year’s Day 1 January
Martin Luther King Jr. Civil Rights Day Third Monday in January
Washington’s Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day 4 July
Labor Day First Monday in September
Columbus Day Second Monday in October
Election Day Every other year
Veterans Day 11 November
Thanksgiving Day Fourth Thursday in November
Christmas Day 25 December

If you want to know more about the rights of employees in Oklahoma, you can read our guides on Your rights as a salaried employee in Oklahoma, and Your rights as an hourly employee in Oklahoma. You can also learn more about Oklahoma Labor Laws through our detailed guide.

Oklahoma Non-Required Leave

In Oklahoma, private employers have the option to offer various types of leave such as sick leave, donor leave, and holiday leave, but these are not required by law (except on official federal holidays). The specifics of these leave policies are typically outlined in the employment contract or employee handbook. Employees in the private sector should consult their specific employment agreements or company policies to understand their rights regarding these optional types of leave.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.