Oklahoma — Leave Laws

Oklahoma does not require private employers to provide paid or unpaid sick leave to employees. State law explicitly prohibits municipalities and other political subdivisions from establishing a mandatory minimum number of sick leave days for private employers, though municipalities may set sick leave benefits for their own municipal employees.

Source: 40 O.S. § 160

Oklahoma does not have a state family or medical leave statute that applies to private employers. Employers in Oklahoma are subject only to the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons. For state employees under the Oklahoma Personnel Act, 74 O.S. § 840-2.22 directs the Office of Management and Enterprise Services to promulgate rules implementing federal FMLA but does not create additional state leave entitlements.

Source: 74 O.S. § 840-2.22

Oklahoma law prohibits employers from terminating, removing, or taking any adverse employment action against an employee who is summoned to serve as a juror, provided the employee notifies the employer of the summons within a reasonable period after receipt and prior to appearing for jury duty. This protection applies to all phases of jury service: responding to a summons, participating in the jury selection process, and actually serving on a grand, multicounty grand, or petit jury. The statute is codified at 38 O.S. § 34.

No employer-mandated use of accrued leave. An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a jury summons, time spent participating in the jury selection process, or time spent actually serving on a jury. However, the statute explicitly states that nothing in this prohibition shall be construed to require an employer to provide annual, vacation, or sick leave to employees who otherwise are not entitled to such benefits under company policies. The prohibition protects employees who have accrued leave banks from being forced to deplete them for jury service; it does not create a new paid-leave entitlement.

No pay mandate. Oklahoma does not require private employers to pay employees for time spent on jury duty. The statute provides that the provisions of § 34 "shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee uses paid leave for that purpose." Because the prohibition on mandated leave use (described above) prevents the employer from requiring such use, the practical effect is that jury leave in Oklahoma is unpaid unless the employee voluntarily elects to use accrued paid leave or the employer has a policy providing paid jury leave.

Criminal and civil penalties. Every person, firm, or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee, or requires an employee to use sick, annual, or vacation leave because of the employee's absence from employment by reason of jury service is guilty of a misdemeanor and, upon conviction, shall be punishable by a fine not to exceed $5,000. In addition, 38 O.S. § 35 provides that a discharged employee may bring a civil action for both actual and exemplary damages, including but not limited to lost earnings (past and future), the value of lost leave, mental anguish, and all reasonable damages incurred in obtaining other suitable employment.

Small-employer postponement rule. A court shall automatically postpone and reschedule the service of a summoned juror who is employed by an employer with five or fewer full-time employees (or their equivalent) if another employee of that employer has previously been summoned to appear during the same period. This automatic postponement does not affect an individual's right to one automatic postponement under 38 O.S. § 9 (a separate provision governing general postponement requests).

Source: 38 O.S. § 34; 38 O.S. § 35