Oklahoma Leave Laws
No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
Vacation pay is considered wages under Oklahoma law (Okla. Stat. tit. 40, § 165.1(4); Okla. Admin. Code § 380:30-1-8(d)).
If an employer offers paid vacation benefits, it must follow the terms of its employment policy or contract (Okla. Admin. Code § 380:30-1-8).
- Use-It-or-Lose-It Policy
Not prohibited (Okla. Admin. Code § 380:30-1-5).
- Payment of Accrued Vacation on Termination
An employer is required to provide vacation pay to departing employees if its contract or policy specifically requires it (Okla. Admin. Code § 380:30-1-5(4)).
No federal or state law in Oklahoma requires employers to pay out an employee’s accrued vacation, sick leave or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Oklahoma has the following laws regarding Maternity and Paternity Leave:
The Oklahoma Anti-Discrimination Act prohibits discrimination in employment “because of sex,” or “based on sex,” which includes, but is not limited to, pregnancy; childbirth or related medical conditions; and women affected by pregnancy. The Act applies to employers with one or more employees and it ensures that are employees with birth and pregnancy-related disabilities are treated the same as other persons not so affected but similar in their ability or inability to work.
Jury Duty Leave
Employers must provide unpaid leave to employees who are summoned for jury duty. Employers may not terminate, remove or otherwise subject employees to any adverse employment actions as a result of jury service. Employees may not be required to use vacation or sick leave for time spent completing jury service.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Oklahoma law requires an employer to provide an employee two (2) hours of time off to vote (more if distance demands), if the employee does not have three (3) hours before his or her shift begins or after it ends in which to vote while polls are open. The voting leave must be paid if the employee presents to the employer proof of voting. To be eligible for voting leave, an employee must inform his or her employer of their intention to take the leave prior to the day of the election or vote. An employer may dictate when an employee takes voting leave or may adjust employee schedules so that employees have three (3) hours before or after their shift in which to vote while polls are open. An employer that fails to provide the voting leave as required may be subject to fines not less than $50 but not more than $100.
Oklahoma provides job protections for state and U.S. military members, including reserve forces, in addition to Uniformed Services Employment and Reemployment Rights Act:
- Employers may not discharge or otherwise discriminate against employees due to membership in the National Guard or armed forces
- Eligible service members must be granted leave without loss of status or seniority when ordered to active or inactive duty or service
- An employer may elect to pay an employee the difference between the employee’s regular pay and military pay