530:10-15-10. General Annual and Sick Leave Policies (a) Permanent and probationary classified employees and regular unclassified employees are eligible for annual leave and sick leave with full pay according to law and the rules in this Chapter. Temporary employees and other limited term employees are ineligible to accrue, use or be paid for sick leave and annual leave [74:840-2.20(A)(3)]. (b) The tables in Appendix B of this Chapter list leave accrual rates and accumulation limits. OAC 530:10-15-11 and 530:10-15-12 also govern annual and sick leave.
(c) Annual and sick leave accrual rates and accumulation limits are based on cumulative periods of employment calculated in the manner that cumulative service is determined for longevity purposes [74:840-2.20(A)(1)]. For purposes of this Subchapter and the longevity pay program, cumulative service shall be calculated as prescribed in this subsection.
(1) State employment with any classified or unclassified agency in any branch of state government including service under the administrative authority of the Regents for Higher Education and the Department of Vocational and Technical Education shall be qualifying for purposes of calculating cumulative service. Cumulative service includes periods of part-time qualifying employment in excess of 2/5 time that were continuous for at least 5 months and any period of full-time employment described in (A) through (G) of this paragraph:
(A) Employment as a permanent classified employee;
(B) Employment as a probationary classified employee;
(C) Employment as a regular unclassified employee;
(D) Temporary or other time-limited unclassified employment;
(E) Paid leave;
(F) Leave without pay of 30 continuous calendar days or less; and
(G) Leave without pay in excess of 30 calendar days taken under Section 840-2.21 of Title 74 of the Oklahoma Statutes. Any other leave without pay in excess of 30 calendar days shall not be counted as cumulative service.
(2) Periods of service that are described in (1) of this subsection, shall be combined for purposes of determining cumulative service and the total shall be expressed in whole years. Partial years, less than 12 months, are dropped.
(d) Annual leave and sick leave shall accrue only when an employee is actually working, on authorized leave with pay, or during the time the employee is using paid leave to supplement workers compensation benefits under Section 2e of Title 85. Leave shall not accrue after the last day the employee works.
(e) An employee using paid leave to supplement workers compensation benefits under Section 2e of Title 85 of the Oklahoma Statutes shall be in leave without pay status.
(f) An Appointing Authority may terminate an employee who is absent from work after the employee has exhausted all of his or her sick and annual leave accumulations unless the absence is covered by 530:10-15-45 or 530:10-15-49. Termination of a permanent classified employee under this subsection is subject to the pretermination hearing requirements of Section 840-6.4 of Title 74 of the Oklahoma Statutes. This subsection does not prevent an Appointing Authority from granting leave without pay according to 530:10-15-47.
[Source: Amended at 9 Ok Reg 3287, eff 7-1-92 (emergency); Amended at 10 Ok Reg 3803, eff 7-15-93; Amended at 11 Ok Reg 4647, eff 9-1-94 (emergency); Amended at 12 Ok Reg 2861, eff 7-13-95; Amended at 13 Ok Reg 3399, eff 7-1-96 (emergency); Amended at 14 Ok Reg 3007, eff 7-15-97; Amended at 17 Ok Reg 2571, eff 7-1-00; Amended at 19 Ok Reg 2392, eff 7-1-02; Amended at 22 Ok Reg 613, eff 1-24-05 through 7-14-06 (emergency)1; Amended at 24 Ok Reg 1113, eff 5-11-07] EDITOR’S NOTE: 1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), the text of 530:10-15-10 reverted back to the permanent text that became effective 7-1-02, as was last published in the 2005 OAC Supplement, and remained as such until amended again by permanent action on 5-11-07.