Library: Policy

OKDHS:2-1-36. Sick leave

Revised 10-1-10

(a) Statement of policy. The Oklahoma Department of Human Services (OKDHS) employs and schedules employees to ensure efficient and effective delivery of services to clients. Employees are expected to be at work on all scheduled workdays. Sick leave is a benefit provided to employees to protect them in the event of serious illness or injury that prevents them from performing assigned duties.

(1) Sick leave may be utilized for a period in which the employee is incapacitated for the performance of his or her duties by illness, pregnancy, or injury, or for medical, surgical, mental health, dental, or optical examination or treatment, or when, by reason of his or her physical condition or exposure to contagious disease, his or her presence at work could jeopardize the health or safety of others. The fact that sick leave is due to a job-related illness or injury for which worker compensation benefits are or may be received does not relieve the employee of the responsibility to comply with OKDHS policies governing sick leave.
(2) Sick leave may be denied when the supervisor has facts to show the employee:
- (A) is abusing sick leave benefits; or
- (B) failed to furnish a written statement as required in (b)(4) of this Section.
(3) Excessive or abusive use of sick leave is grounds for disciplinary action.
(4) Sick leave may be utilized to supplement the receipt of temporary total disability (TTD) benefits in accordance with Section 2e of Title 85 of the Oklahoma Statutes. Regardless of the type of supplemental leave option utilized, any employee receiving TTD benefits must promptly report in writing to OKDHS and CompSource Oklahoma any change in:
- (A) a material fact;
- (B) the amount of income he or she is receiving; or
- (C) any change in his or her employment status.
(5) If an employee is physically unable to perform his or her duties for OKDHS, it is presumed that the employee cannot participate in certain other equally physically demanding activities while on leave from OKDHS. Although each case is evaluated upon its specific circumstances, it is generally not appropriate for an employee who is on medical leave from OKDHS to work for another employer.
(6) In accordance with Merit Rule OAC 530:10-15-10(f), OKDHS 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 OKDHS:2-1-47 or Merit Rule OAC 530:10-15-49. Termination of a permanent classified employee under this Section is subject to the pretermination hearing requirements of Section 840-6.4 of Title 74 of the Oklahoma Statutes. This Section does not prevent the granting of leave without pay (LWOP) in accordance with OKDHS:2-1-38.

(b) Employee's responsibility. Each employee is responsible for:

(1) scheduling sick leave, when possible, to accommodate OKDHS operations. The employee must provide his or her supervisor notice and Form 10AD001E, Request for Approval of Leave, a minimum of 30 days before the leave is to begin, or as soon as possible, when the leave is foreseeable. When the need for sick leave is unforeseeable, the employee is responsible for calling his or her supervisor or designee to report any absence due to illness or injury within the time frames established by local office procedures, but not later than two hours after the employee's scheduled reporting time. Employees must report on a daily basis except when the illness or injury results in an extended absence, in which case the employee makes arrangements with the supervisor to report on a less frequent basis;
(2) applying available workweek adjustment prior to charging sick leave for an absence;
(3) submitting Form 10AD001E to his or her immediate supervisor for absences as soon as practical, but no later than immediately upon return to duty. When the employee is absent, in excess of three full consecutive work days, the request for sick leave and the attending physician's statement must be submitted as soon as it is available, but not later than the fourth working day of such absence. This requirement does not apply to absences due to a serious health condition previously designated as Family and Medical Leave Act (FMLA) qualifying;
(4) furnishing a statement from the attending licensed medical or mental health professional for any absence in excess of three full consecutive workdays unless such requirement is waived in writing by the appropriate division director or if the absence is due to a FMLA qualifying event covered by OKDHS:2-1-47. The written waiver is attached and submitted with Form 10AD001E.

(A) A medical statement may be required for an absence of less than three consecutive workdays if the employee has been advised in writing in advance that such statement will be required. This requirement does not apply to absences due to a serious health condition previously designated as FMLA qualifying.
(B) An employee who fails to provide a required medical statement is charged unauthorized LWOP for the absence.
(C) An employee is not permitted to return to work if, due to physical condition or exposure to contagious disease, his or her presence would jeopardize the health or safety of the employee or others. In such instances, the employee is allowed three working days from the date the employee was not permitted to return to duty to provide a medical statement. Failure to provide a medical statement results in the absence being charged as unauthorized LWOP;

(5) monitoring his or her leave balances. When an absence due to illness or injury extends beyond the accrued sick leave balance, the remainder of the absence may be charged against the employee's accrued annual leave, compensatory time, holiday leave, or LWOP. The routine use of annual leave or LWOP to cover absences due to illness or injury is normally considered excessive use of leave and may result in appropriate disciplinary action; and
(6) indicating a beginning and ending date of the absence on Form 10AD001E. When an ending date is unknown, the duration of the request must not exceed three months.

(1) ensuring employees under their supervision are aware of and have access to OKDHS policy and local office procedures governing attendance and leave;
(2) approving or disapproving requests for sick leave. In accordance with (a)(1) and (2) of this Section, sick leave may be denied and the absence charged as unauthorized LWOP when a supervisor has facts to show the employee:

(A) is abusing sick leave benefits; or
(B) failed to fulfill his or her responsibilities under this regulation;

(3) reviewing the medical statement to ensure that the employee is released to full duty. The supervisor, in consultation with appropriate administrative staff, ensures that appropriate action is taken to address any limitations placed on the employee's work assignments;
(4) determining whether an employee's return to duty jeopardizes the health or safety of the employee or others. The supervisor, after consultation with appropriate administrative staff and within three working days of the date the employee is not permitted to return to duty, submits to the designated staff person written documentation detailing the reason(s) for his or her refusal to allow the employee to return to duty;
(5) ensuring the Employee Leave Summary and appropriate leave forms are provided to the employee. When an employee is on leave for an extended period, forms and summaries are mailed to the employee's home address of record;
(6) ensuring that any leave taken is accurately reported; and
(7) imposing appropriate corrective discipline per OKDHS:2-1-7 for excessive or abusive use of sick leave.