§74-840-2.20.

§74-840-2.20.
   
   A. The Administrator of the Office of Personnel Management shall
   promulgate such emergency and permanent rules regarding leave and
   holiday leave as are necessary to assist the state and its agencies.
   
   The Administrator of the Office of Personnel Management, in adopting
   new rules, amending rules and repealing rules, shall ensure that the
   following provisions are incorporated:
   
   1. Eligible employees who enter on duty or who are reinstated after a
   break in service shall receive leave benefits in accordance with the
   schedule outlined below. Leave will be accrued on a monthly basis and
   prorated, as appropriate, for less than full-time service. Years of
   service shall be based on cumulative periods of employment calculated
   in the manner that cumulative service is determined for longevity
   purposes pursuant to Section 840-2.18 of this title.
   
   2. a. The following accrual rates and accumulation limits apply to
   eligible employees who initially enter into the state service prior to
   July 1, 1996, and who have less than ten (10) years' cumulative
   service:
   
   ACCRUAL RATES ACCUMULATION
   
   LIMITS
   
   Cumulative
   
   Years of Annual Sick Annual
   
   Service Leave Leave Leave
   
   Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days
   
   5-10 yrs = 18 day/yr 15 days/yr 60 days
   
   b. The following accrual rates and accumulation limits apply to
   eligible employees who either:
   
   (i) initially enter into the state service prior to July 1, 1996, and
   who have ten (10) years or more cumulative service, or
   
   (ii) initially enter into the state service on or after July 1, 1996:
   
   ACCRUAL RATES ACCUMULATION
   
   LIMITS
   
   Cumulative
   
   Years of Annual Sick Annual
   
   Service Leave Leave Leave
   
   Persons employed 0-5 yrs = 10 day/yr 15 days/yr 30 days
   
   5-10 yrs = 15 day/yr 15 days/yr 60 days
   
   10-20 yrs = 20 day/yr 15 days/yr 60 days
   
   over 20 yrs = 25 day/yr 15 days/yr 60 days
   
   All accrued annual leave and all leave eligibility under O.A.C.
   530:10-15-11(b)(5) which is in excess of annual leave limits shall not
   be reduced or eliminated as a result of these rule changes.
   
   3. Temporary employees and other limited term employees are ineligible
   to accrue, use, or be paid for sick leave and annual leave. Such
   employees shall be eligible for paid holiday leave at the discretion
   of the appointing authority.
   
   4. Employees shall not be entitled to retroactive accumulation of
   leave as a result of amendments to this section. Effective September
   1, 1994, employees shall be eligible to accrue leave pursuant to
   paragraph 1 of this subsection.
   
   5. The Administrator of the Office of Personnel Management and the
   Executive Director of the Oklahoma Merit Protection Commission shall
   cooperate to assist agencies in developing policies to prevent
   violence in state government workplaces without abridging the rights
   of state employees. Such policy shall include a paid administrative
   leave provision as a cooling-off period which the Administrator of the
   Office of Personnel Management is authorized to provide pursuant to
   the Administrative Procedures Act. Such leave shall not be charged to
   annual or sick leave accumulations.
   
   6. State employees who terminated their employment in the state
   service on or after October 1, 1992, may be eligible to have sick
   leave accrued at the time of termination of employment restored if
   they return to state employment, provided that the state employees'
   enter-on-duty dates for reemployment occur on or before two (2) years
   after their termination of employment and they are eligible to accrue
   sick leave before the two (2) years expire.
   
   7. Persons subject to the University Hospitals Authority Model
   Personnel System shall be exempt from the provisions of this section.
   
   8. Employees who are volunteer firefighters pursuant to the Oklahoma
   Volunteer Firefighters Act and who are called to fight a fire shall
   not have to use any accrued leave or need to make up any time due to
   the performance of their volunteer firefighter duties.
   
   B. Nothing in the Oklahoma Personnel Act is intended to prevent or
   discourage an appointing authority from disciplining or terminating an
   employee due to abuse of leave benefits or absenteeism. Appointing
   authorities are encouraged to consider attendance of employees in
   making decisions regarding promotions, pay increases, and discipline.
   
   C. Upon the transfer of a function in state government to an entity
   outside state government, employees may, with the agreement of the
   outside entity, waive any payment for leave accumulations to which the
   employee is entitled and authorize the transfer of the leave
   accumulations or a portion thereof to the outside entity.