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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 87 By: Boren
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6 AS INTRODUCED
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7 An Act relating to paid leave for state employees;
7 amending 74 O.S. 2021, Section 840-2.20, as last
8 amended by Section 172, Chapter 452, O.S.L. 2024 (74
8 O.S. Supp. 2024, Section 840-2.20), which relates to
9 leave benefits; updating statutory reference;
9 providing for parental leave for state employees;
10 amending Section 1, Chapter 32, 1st Extraordinary
10 Session, O.S.L. 2023 (74 O.S. Supp. 2024, Section
11 840-2.20D), which relates to paid maternity leave for
11 state employees; providing for parental leave for
12 eligible state employees; requiring that certain
12 employees continue to receive compensation during
13 leave; providing protections for certain employees
13 during leave; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 74 O.S. 2021, Section 840-2.20, as
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18 last amended by Section 172, Chapter 452, O.S.L. 2024 (74 O.S. Supp.
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19 2024, Section 840-2.20), is amended to read as follows:
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20 Section 840-2.20. A. The Director of the Office of Management
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21 and Enterprise Services shall promulgate such emergency and
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22 permanent rules regarding leave and holiday leave as are necessary
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23 to assist the state and its agencies.
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1 The Director of the Office of Management and Enterprise
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2 Services, in adopting new rules, amending rules and repealing rules,
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3 shall ensure that the following provisions are incorporated:
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4 1. Eligible employees who enter on duty or who are reinstated
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5 after a break in service shall receive leave benefits in accordance
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6 with the schedule outlined below. Leave shall be accrued based upon
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7 hours worked, paid leave, and holidays, but excluding overtime, not
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8 to exceed the total possible work hours for the pay period. Years
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9 of service shall be based on cumulative periods of employment
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10 calculated in the manner that cumulative service is determined for
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11 longevity purposes pursuant to Section 840-2.18 of this title.
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12 Employees may accumulate more than the maximum annual leave
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13 accumulation limits shown in the schedule below provided that such
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14 excess is used during the same calendar year in which it accrues or
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15 within twelve (12) months of the date on which it accrues, at the
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16 discretion of the appointing authority. If an employee whose job
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17 duties include providing fire protection services, law enforcement
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18 services or services with the Department of Corrections is unable to
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19 use excess leave as provided for in this paragraph because the
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20 employee's request for leave is denied by the employee's appointing
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21 authority and the denial of leave is due to extraordinary
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22 circumstances such that taking leave could pose a threat to public
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23 safety, health or welfare, the employee shall receive compensation
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24 at the employee's regular rate of pay for the amount of excess leave
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1 the employee is unable to use. Such compensation shall be paid at
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2 the end of the time period during which the excess leave was
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3 required to have been used;
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4 2. On and after the effective date of this act July 1, 2023,
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5 the following accrual rates and accumulation limits apply to
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6 eligible employees as follows:
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7 ACCRUAL RATES ACCUMULATION
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8 LIMITS
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9 Cumulative
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10 Years of Annual Sick Annual
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11 Service Leave Leave Leave
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12 Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days
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13 5-10 yrs = 18 day/yr 15 days/yr 80 days
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14 10-20 yrs = 20 day/yr 15 days/yr 80 days
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15 over 20 yrs = 25 day/yr 15 days/yr 80 days
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16 Following an emergency declaration as described in Section 683.8
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17 of Title 63 of the Oklahoma Statutes, the accumulation limits for
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18 annual leave shall temporarily increase and shall carryover to the
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19 end of the fiscal year following the year in which the emergency
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20 declaration ended.
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21 All annual leave that accrued or expired during the period of
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22 the emergency declarations issued by the Governor in 2020 and 2021
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23 in response to the novel coronavirus (COVID-19) shall carry over to
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24 the end of the fiscal year following the year in which the emergency
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1 declaration ended regardless of regulatory provisions that establish
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2 a maximum amount of annual leave that may be accumulated by an
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3 employee of this state. Expired annual leave governed by this
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4 subsection shall be reinstated as of May 7, 2021, and accumulation
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5 limits for annual leave shall not apply to amounts accrued or
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6 reinstated pursuant to this subsection. Eligibility for
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7 reinstatement of annual leave is limited to employees currently
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8 employed by this state on May 7, 2021;
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9 3. Temporary employees and other limited term employees are
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10 ineligible to accrue, use, or be paid for sick leave and annual
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11 leave. Such employees shall be eligible for paid holiday leave at
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12 the discretion of the appointing authority;
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13 4. Except as provided in paragraph 2 of this subsection,
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14 employees shall not be entitled to retroactive accumulation of leave
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15 as a result of amendments to this section;
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16 5. The Director of the Office of Management and Enterprise
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17 Services shall assist agencies in developing policies to prevent
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18 violence in state government workplaces without abridging the rights
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19 of state employees. Such policies shall include a paid
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20 administrative leave provision as a cooling-off period which the
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21 Director of the Office of Management and Enterprise Services is
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22 authorized to provide pursuant to the Administrative Procedures Act.
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23 Such leave shall not be charged to annual or sick leave
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24 accumulations;
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1 6. State employees who terminated their employment in the state
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2 service on or after October 1, 1992, may be eligible to have sick
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3 leave accrued at the time of termination of employment restored if
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4 they return to state employment provided that the state employees'
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5 enter-on-duty dates for reemployment occur on or before two (2)
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6 years after their termination of employment and they are eligible to
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7 accrue sick leave before the two (2) years expire;
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8 7. Employees who are volunteer firefighters pursuant to the
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9 Oklahoma Volunteer Firefighters Act and who are called to fight a
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10 fire shall not have to use any accrued leave or need to make up any
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11 time due to the performance of their volunteer firefighter duties;
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12 8. Employees who are reserve municipal police officers pursuant
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13 to Section 34-101 of Title 11 of the Oklahoma Statutes and who miss
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14 work in performing their duties in cases of emergency shall not have
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15 to use any accrued leave or need to make up any time due to the
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16 performance of their reserve municipal police officer duties;
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17 9. Employees who are reserve deputy sheriffs pursuant to
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18 Section 547 of Title 19 of the Oklahoma Statutes and who miss work
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19 in performing their duties in case of emergency shall not have to
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20 use any accrued leave or need to make up any time due to the
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21 performance of their reserve deputy sheriff duties;
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22 10. For purposes of the computation required by this section,
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23 any service performed by a person during which the person received
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24 compensation for duties performed for the state shall be counted if
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1 payment for such service was made using state fiscal resources. The
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2 provisions of this section shall not apply to elected or appointed
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3 justices or judges, including special judges, who perform service in
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4 the trial or appellate courts. The provisions of this section shall
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5 apply to persons who perform services as an administrative law judge
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6 within the executive department and employees of the judicial
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7 branch; and
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8 11. Eligible employees shall be entitled to paid maternity
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9 parental leave as provided for in Section 840-2.20D of this title.
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10 B. Nothing in law is intended to prevent or discourage an
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11 appointing authority from disciplining or terminating an employee
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12 due to abuse of leave benefits or absenteeism. Appointing
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13 authorities are encouraged to consider attendance of employees in
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14 making decisions regarding promotions, pay increases, and
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15 discipline.
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16 C. Upon the transfer of a function in state government to an
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17 entity outside state government, employees may, with the agreement
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18 of the outside entity, waive any payment for leave accumulations to
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19 which the employee is entitled and authorize the transfer of the
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20 leave accumulations or a portion thereof to the outside entity.
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21 D. All permanent employees of the state shall be eligible to
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22 carry over a maximum of six hundred forty (640) hours of annual
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23 leave each year. Additionally, all employees shall be paid up to a
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1 maximum of six hundred forty (640) hours of annual leave upon
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2 separation from state service.
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3 SECTION 2. AMENDATORY Section 1, Chapter 32, 1st
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4 Extraordinary Session, O.S.L. 2023 (74 O.S. Supp. 2024, Section 840-
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5 2.20D), is amended to read as follows:
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6 Section 840-2.20D. A. Any full-time employee of this state who
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7 has been employed by the state agency for at least two (2) years
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8 prior to the request for leave shall be entitled to six (6) weeks of
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9 paid maternity parental leave following the birth or adoption of the
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10 employee's child.
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11 B. Paid maternity parental leave pursuant to this section shall
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12 be in addition to and not in place of sick leave due to pregnancy,
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13 as authorized by Section 840-2.20 of Title 74 of the Oklahoma
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14 Statutes.
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15 C. An employee who is granted maternity parental leave pursuant
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16 to the provisions of this section shall receive the employee's
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17 annual salary without interruption during the maternity parental
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18 leave. For purposes of determining seniority, pay or pay
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19 advancement, and performance awards, and for the receipt of any
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20 benefit that may be affected by maternity parental leave, the
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21 service of the employee shall be considered uninterrupted by the
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22 maternity parental leave.
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1 D. The Director of the Office of Management and Enterprise
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2 Services may promulgate rules to implement the provisions of this
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3 section.
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4 SECTION 3. This act shall become effective November 1, 2025.
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6 60-1-1046 RD 1/19/2025 5:44:57 AM
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Req. No. 1046 Page 8Every fact on this page links to its source, starting with the official bill record.