SECTION 260:25-15-52. Leave sharing

(a)   Purpose. The purpose of this Section is to interpret Section 840-2.23 of Title 74 of the Oklahoma Statutes (Section 840-2.23). Section 840-2.23 establishes eligibility, standards and procedures for state employees to share annual and sick leave.

(b)   Eligibility to receive donated annual or sick leave from state entities outside the state entity of the employee. Before an employee will be permitted to receive donated annual and/or sick leave from a state entity that is outside the state entity for which the employee is employed, such employee must have exhausted all leave options within the state entity of the employee. Such exhaustion efforts must be evidenced by documentation showing such employee requested to receive shared leave from employees within the employing agency and was unable to receive shared leave either because no leave was available to be donated or no other employee would donate to such employee. A human resources representative or agency designee within the employing agency shall certify that the request process occurred. The Appointing Authority shall approve all submitted documentation.

(c)   Shared leave liaison authority and obligations. The shared leave liaison shall have the authority to conduct trainings and disseminate informational publications to all state entities regarding the requirements of Section 840-2.23 and state entities' obligation to comply with Section 840-2.23. The shared leave liaison shall also have the authority to disseminate informational publications to and advise all state employees of the rights afforded to state employees under Section 840-2.23.

(d)   Shared leave liaison outreach efforts. The shared leave liaison shall work with the requesting employee's employing agency and outside state entities, if necessary, in order to obtain shared leave hours.

(e)   Shared leave liaison intake process. The shared leave liaison shall ensure that the requesting employee meets the eligibility criteria set forth in Section 840-2.23 in order to receive shared leave from outside state entities and the Leave of Last Resort Bank. The shared leave liaison shall verify that each requesting employee is eligible. The shared leave liaison shall review the documentation required by (b) of this Section and verify that the requesting employee has exhausted all sources of shared leave both within his or her employing entity and outside state entities. All verifications shall be maintained as a record of the Administrator.

(f)   Coordinating leave requested from the Leave of Last Resort Bank. The shared leave liaison shall be responsible for maintaining records of the amount of leave in the Leave of Last Resort Bank. The shared leave liaison shall develop a procedure for crediting deposits and debiting withdrawals from the Bank. The shared leave liaison shall develop and perform all audit functions necessary to administer the Bank.

(g)   Election of annual or sick leave to be deposited into the Leave of Last Resort Bank. An employee must acknowledge that his or her annual and/ or sick leave will be deposited into the Leave of Last Resort Bank. Such acknowledgment shall be in writing and in the form prescribed by the Administrator. The acknowledgement must state the employee understands that he or she will receive no monetary compensation for the donation of annual and/ or sick leave, the employee understands any sick leave available for donation could be applied as a credit for years of service under the applicable retirement system or reinstated in accordance with Section 840-2.20(A)(6) of Title 74, and the employee affirms that such donation is given voluntarily. The acknowledgement may include other such information as deemed necessary by the Administrator.

(h)   Development of forms. The Administrator shall have the authority to develop forms to be used by all state entities to document the requirements of this Section.

(i)   Development of policies and procedures. The Administrator shall have the authority to develop policies and procedures regarding the administration of the Leave of Last Resort Bank and the requirements of Section 840-2.23 of Title 74 and this Section. The Administrator shall publish all policies and procedures on the Office of Management and Enterprise Services website.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14; Amended at 36 Ok Reg 221, eff 1-2-19 (emergency); Amended at 36 Ok Reg 1610, eff 9-13-19]