Library: Policy

OKDHS:2-15-7. Employee leave options

Revised 9-15-07

(a) Leave options within the first year with pay.  The procedures described in (1) through (5) of this subsection apply to an employee whose work-related illness or injury results in time off work.

• (1) An employee who is off work less than four days may use:
  • (A) sick leave per OKDHS:2-1-36;
  • (B) annual leave per OKDHS:2-1-35;
  • (C) compensatory time per OKDHS:2-1-30; or
  • (D) compensatory holiday leave per OKDHS:2-11-96.
• (2) An employee is placed on leave without pay (LWOP) on the fourth consecutive calendar day of inability to work due to a work-related illness or injury.  The initial date of the work-related illness or injury is not counted as the first day off work.
• (3) An employee may elect to use accrued sick leave, annual leave, compensatory time, or compensatory holiday leave to supplement the temporary total disability (TTD) payments received while on LWOP by completing Form 23RS113E, Leave Option Election Work-related Accident/Illness.  Supplemental payments are not made unless the employee submits a completed Form 23RS113E to the local administrator or county director who sends:
  • (A) the original to Support Services Division (SSD) Risk and Safety Management Unit; and
  • (B) a copy to the Finance Division who issues a check.
• (4) The first 12 weeks of leave taken in accordance with this Section are designated as family medical leave (FMLA leave), if the employee is eligible for FMLA leave and chooses not to supplement TTD payments with sick leave, annual leave, compensatory time, or compensatory holiday leave.  The employee must file a completed Form 11AD002E, Certification of Health Care Provider, with the local administrator or county director who:
  • (A) forwards the original to the SSD Risk and Safety Management Unit for inclusion in the claimant's file; and
  • (B) retains a copy for the local records.
• (5) An employee may elect to use accrued sick leave, annual leave, compensatory time, or compensatory holiday leave for any subsequent treatment or follow up visits once the employee returns to work.

(b) Exhaustion of LWOP after one year.  Following exhaustion of the one year LWOP period, an employee:

• (1) may be terminated pursuant to OKDHS:2-1-7;
• (2) if no longer receiving TTD, may be granted a request to use accrued sick leave, annual leave, compensatory time, or holiday leave of up to one year additional LWOP; or
• (3) receiving TTD, may request and be granted additional LWOP.