Library: Policy

OKDHS:2-1-38. Leave without pay - approved and unapproved - dereliction of duty

Revised 1-1-12

(a) Approved leave without pay (LWOP). Approved LWOP may be granted for:

(1) all Family and Medical Leave Act (FMLA) designated leave;
(2) extended absences in lieu of exhausting accrued leave balances; or
(3) when all accrued leave has been exhausted. An employee on approved LWOP remains subject to all state laws, Merit Rules, and Oklahoma Department of Human Services (OKDHS) policies applicable to his or her employment.

(A) For non-FMLA designated leave, approved LWOP is subject to rigorous review by the granting OKDHS official and is not automatically granted. The mission and needs of OKDHS, the length of time for which the leave is requested, the reasons for the request, the length and quality of the employee's service, and the employee's prior leave record is considered in determining whether to grant approved LWOP.
(B) Continuous approved LWOP is not granted for more than two years, except LWOP granted due to on-the-job injury or illness where the employee remains on total temporary disability.
(C) An employee remains subject to all state laws, Merit Rules, and OKDHS policies during periods of LWOP and sick leave. The fact that an extended absence is due to a job-related illness or injury, for which worker's compensation is or will be received, does not relieve an employee of the responsibility to comply with state laws, Merit Rules, and OKDHS policies governing LWOP and sick leave.
(D) An employee may be placed on approved LWOP due to an on-the-job injury or illness while in receipt of temporary total disability (TTD) payments in accordance with Section 2e of Title 85 of the Oklahoma Statutes. Regardless of the type of supplemental leave option utilized, an employee receiving temporary disability benefits must promptly report in writing to OKDHS and CompSource Oklahoma any change in:

(i) a material fact;
(ii) the amount of income he or she is receiving; or
(iii) his or her employment status.

(E) Approved LWOP may be cancelled at any time by the granting OKDHS official. The employee is notified of the cancellation by certified mail sent to the last address of record and is provided 14 calendar days from the date of the mailing of the letter to return to work.

(i) An employee who is absent due to illness or injury, has exhausted all annual and sick leave, and fails to return to duty by the expiration of the 14 calendar days may be separated from employment in accordance with Merit Rule OAC 530:10-15-10(f).
(ii) An employee who has maintained accrued annual or sick leave balances and who fails to return to duty by the expiration of the 14 calendar days is considered derelict in his or her duty, and discharge proceedings are started.

(F) Requests for extension of approved LWOP must be submitted in writing to the granting OKDHS official no less than 14 calendar days prior to the expiration of the current approved LWOP. The granting OKDHS official may deny the request for an extension. Denials are in writing and include the reason for the denial. The employee is notified of a denial by certified mail sent to the last address of record, and is provided 14 calendar days from the date of the mailing of the letter to return to work.

(i) An employee who is absent due to illness or injury, has exhausted all annual and sick leave, and fails to return to duty by the expiration of the 14 calendar days may be separated from employment in accordance with Merit Rule OAC 530:10-15-10(f).
(ii) An employee who has maintained accrued annual or sick leave balances and who fails to return to duty by the expiration of the 14 calendar days is considered derelict in his or her duty and discharge proceedings are started.

(G) Employee's responsibility. Any absence from the workplace can impact upon the fulfillment of the OKDHS mission, and each employee must make every effort to accrue sick and annual leave and to minimize his or her need for approved LWOP.

(i) An employee submits a written request for approved LWOP. The request is submitted in advance of taking leave, when possible, and includes a detailed explanation for the request and why the usage of other types of leave is not possible.
(ii) A written request for approved LWOP must be submitted by the employee no less than five working days from the date that the approved LWOP begins.
(iii) In addition to the policy governing approved LWOP, an employee must comply with other relevant OKDHS policies governing leave.
(iv) An employee on approved LWOP is responsible for immediately informing the OKDHS official who granted the approved LWOP of any change in the employee's condition or situation initially warranting the leave. An employee's failure to immediately inform the granting OKDHS official of any change in the employee's condition or situation which warranted the approved LWOP may subject the employee to the cancellation of the leave and disciplinary action.
(v) An employee requesting an extension of approved LWOP beyond the current expiration date must submit the request no less than 14 calendar days prior to the expiration of the current leave. Extensions of approved LWOP may be denied by the OKDHS official who approved the initial request. Denials are in writing and include the reason for the denial.
(vi) An employee is responsible for returning to duty on the workday following the expiration of the approved LWOP period or within 14 calendar days of the date of the letter informing the employee that his or her leave has been cancelled or that his or her request for an extension has been denied. An employee who fails to return to duty is considered derelict in his or her duty or is separated from employment in accordance with Merit Rule OAC 530:10-15-10(f) depending upon the reason for which the approved LWOP was granted.

(H) Granting official's responsibility. Employee absences from the workplace impact upon the fulfillment of the OKDHS mission, and the granting of approved LWOP is carefully considered. Employees are encouraged to minimize the need for approved LWOP.

(i) For non-FMLA designated leave, approved LWOP is not automatic, and granting officials may decline requests for approved LWOP based upon the needs of OKDHS.
(ii) The granting of approved LWOP is in compliance with other relevant OKDHS policies governing leave.
(iii) Approvals required with respect to the length of requested approved LWOP:

(I) one to five consecutive working days - local administrator;
(II) six consecutive working days through 90 consecutive calendar days - resource center administrator, county director, division administrator;
(III) 91 consecutive calendar days through one calendar year - chief officer or designee; and
(IV) over one calendar year – OKDHS Director.

(I) Rights upon return from approved LWOP. An employee granted approved LWOP and who fully complies with the policy governing such leave is accorded the right to be returned to an equivalent position at the end of the leave period; however, when LWOP was granted due to an on-the-job injury or illness, the employee is returned to his or her original position at the end of the leave period. If it is found necessary to fill the position during the interim, the new employee is notified at the time of appointment that it may be necessary to vacate the position upon the return of the employee.

(b) Unapproved LWOP. Unapproved LWOP negatively impacts upon the fulfillment of the OKDHS mission, and supervisors and granting OKDHS officials encourage employees to make every effort to avoid unapproved LWOP. An employee on unapproved LWOP remains subject to all state laws, Merit Rules, and OKDHS policies applicable to his or her employment.

(1) Any unauthorized or unapproved absence from the workplace is a serious matter and is considered unapproved LWOP.
(2) Appropriate disciplinary action is taken for incidents of unapproved LWOP.
(3) An employee who fails to return to duty after the expiration or cancellation of approved LWOP is considered on unapproved LWOP as of the expiration date or the effective date of cancellation.
(4) An employee who fails to appear for duty for three consecutive work days and fails to contact his or her immediate supervisor, or other delegated authority, during that period to request authorization to be absent from duty and to explain the reason(s) for the request is considered on unapproved LWOP for the three days. The employee is also considered derelict in his or her duty as of the first day of the three-day absence.

(c) Dereliction of duty. The fulfillment of the OKDHS mission is dependent upon the regular, consistent, and predictable appearance for duty of all employees. OKDHS considers an employee's dereliction of his or her duty a serious matter.

(1) An employee, on either approved or unapproved LWOP, who fails to return to duty by the expiration of the leave, or by the effective date of cancellation of the leave, is considered derelict in his or her duty as of the workday following the expiration date of the effective date of the cancellation, except LWOP granted for on-the-job injury or illness granted pursuant to Merit Rule OAC 530:10-15-49.
(2) An employee who fails to appear for duty for three consecutive work days and who also fails to contact his or her immediate supervisor, or other delegated authority, during that period to request authorization to be absent from duty and to explain the reason(s) for the request is considered derelict in his or her duty.
(3) An employee who is derelict in his or her duty is not considered to have resigned his or her position.
(4) Progressive discipline is unwarranted for an employee who is derelict in his or her duty, and discharge proceedings are started.