SECTION 380:30-1-5. Payment of accrued leave

  For the purpose of clarification of § 165.1 (4) of Title 40 O.S., specifically, when accrued vacation pay, sick pay, severance pay or other similar advantages are payable as a wage upon termination of employment:

(1)   Vacation pay, sick pay, severance pay or other similar advantage is considered "wages" only if the payment of such is:

(A)   Agreed upon between the employer and the employee; or

(B)   It is provided by the employer to his employees in an established policy.

(2)   The Department will accept and process accrued leave claims only if:

(A)   The claims arise by virtue of express language in a written employment contract or policy manual which provides for the payment of cash in lieu of time-off; or

(B)   The claims arise by virtue of an "established policy" based upon a promise by the employer, either express or implied, and supported by a prior course of conduct by the employer where payment of cash in lieu of time-off was actually made to previous employees.

(3)   If payment of cash in lieu of time-off is provided in a written employment contract or policy manual, the employee must meet all conditions precedent set out in the contract or the manual before entitlement to payment to accrued leave vests in that employee.

(4)   The Department shall reject any claim if the written contract or policy manual or an established policy does not provide for the payment of cash in lieu of time-off or if the claimant has failed to meet all conditions precedent required for such payment.

[Source: Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98]