SECTION 260:25-15-47. Leave of absence without pay

(a)   Conditions and provisions. An Appointing Authority may approve a request from a permanent or probationary employee for leave without pay. The request shall be in writing and shall include the reasons for the leave and the estimated length of the leave requested by the employee. The approval of the leave shall also be in writing, and it shall specify the date the employee is to return to work. Leave without pay is subject to the following conditions:

(1)   Leave without pay shall not be approved for more than 12 months. However, an employee on leave without pay may submit a written request for an extension before the end of the approved leave period. The Appointing Authority may grant extensions if the total length of the original leave without pay plus any extensions does not exceed 2 years. Any extension granted shall be to a specified expiration date.

(2)   An employee may return to work before the specified date of return if the Appointing Authority approves a written request from the employee to return earlier.

(3)   Failure of a classified employee to report for work on the specified date of return shall be cause for disciplinary action.

(4)   Leave without pay for probationary employees shall be in accordance with 260:25-11-36.

(5)   The Appointing Authority may cancel leave without pay at any time and require the employee to return to work before the specified date of return. The employee shall be notified of the reasons for cancellation by certified mail or personal service and given 7calendar days to return to work. Failure of a classified employee to report for work as directed shall be cause for disciplinary action.

(6)   Section 260:25-13-9 provides for a special type of leave without pay so that an employee can continue insurance coverage after a reduction-in-force. A leave without pay period in accordance with 260:25-13-9 is not subject to other Merit Rules about leave of absence without pay.

(7)   If an employee is absent from work without proper authorization, the employee shall not receive pay for such absence. An Appointing Authority has the authority and responsibility to take appropriate action if fraudulent leave usage or leave abuse is detected.

(8)   Leave without pay in accordance with this Section shall not for any purpose be considered a break in service.

(b)   Rights upon return from leave of absence without pay. A properly executed leave of absence without pay shall accord the employee the right to be returned by the Appointing Authority to a position in the same job family and level as the original position and in the same geographical area unless waived by the employee. The layoff provisions of the Oklahoma Personnel Act and the Merit Rules shall apply if there are no positions in that job family level and geographical area or if the job family has been abolished.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14]