Oklahoma Leave Laws




Vacation Leave

In Oklahoma, employers are not required to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. Okla. Stat. 40-5-165.1(4); Okla. Admin. Rules 380:30-1-8.

An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. Okla. Admin. Rules 380:30-1-5.



An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. Okla. Admin. Rules 380:30-1-5.

An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. Okla. Admin. Rules 380:30-1-5.

An employer is not required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter. Okla. Admin. Rules 380:30-1-5.

An employer may lawfully cap the vacation leave an employee can accrued over time, so long as the employer has properly notified its employees of the vacation policy. Okla. Admin. Rules 380:30-1-5.

An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it, so long as the employer has properly notified its employees of the vacation policy. Okla. Admin. Rules 380:30-1-5.



Sick Leave

Oklahoma law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract. OK Dept. of Labor Wage Law FAQ.

An employer in Oklahoma may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

Oklahoma law does not require private employers to provide employees with either paid or unpaid holiday leave. OK Dept. of Labor Wage Law Booklet In Oklahoma, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our Oklahoma State Holidays page for a list of holidays recognized and observed by the state of Oklahoma as well as information regarding state laws governing holiday leave for public employers and employees.

`



Jury Duty Leave

An employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury.

An employer may not discharge or otherwise subject to any adverse employment action an employee who is summoned to serve as a juror and who notifies his or her employer of the summons within a reasonable period of time after receiving the summons and prior to his or her appearance for jury duty.

An employer may not require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury.

Oklahoma Stat. 38-34



Voting Leave

Oklahoma law requires an employer to provide an employee two (2) hours of time off to vote (more if distance demands), if the employee does not have three (3) hours before his or her shift begins or after it ends in which to vote while polls are open. The voting leave must be paid if the employee presents to the employer proof of voting. To be eligible for voting leave, an employee must inform his or her employer of their intention to take the leave prior to the day of the election or vote.

An employer may dictate when an employee takes voting leave or may adjust employee schedules so that employees have three (3) hours before or after their shift in which to vote while polls are open.

An employer that fails to provide the voting leave as required may be subject to fines not less than $50 but not more than $100.

Oklahoma Stat. 26-7-101



Bereavement Leave

Oklahoma law does not require employers to provide employee bereavement leave. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employer may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains.