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

Oklahoma requires employers to provide employees with paid leave to vote in any national, state, county, or municipal election, including all regular and special elections, as outlined in 26 O.S. § 7-101.

Eligibility and duration: Every registered voter who does not have three or more consecutive hours between the opening and closing of the polls during their non-working hours is entitled to receive up to two hours of paid leave to vote. The leave must be sufficient for the employee to vote, but need not exceed two hours unless the employee, due to the distance of their voting place, requires more time, in which case the employer must provide sufficient time. If the employee has three or more consecutive hours outside working hours (either before their shift begins or after it ends) between the time the polls open and close, the statutory voting leave does not apply for that election day (§ 7-101(A), (B)).

Notice requirement: Employees seeking to use paid voting leave must notify their employer of their intent to be absent to vote, at least three days prior to the day of the election or prior to the day of absentee voting (§ 7-101(C)).

Employer’s right to specify leave period: The employer may select the hours during which the employee is allowed to be absent to vote. The statute grants employers discretion, subject to reasonable accommodation so the employee can actually vote during polling hours (§ 7-101(D)).

Wage protection: No loss or deduction from the employee’s usual salary or wages is allowed due to absence for voting at the times set forth above (§ 7-101(E)).

Penalties: Any employer who refuses to grant leave, makes deductions, or penalizes an employee for using voting leave commits a misdemeanor offense (§ 7-101(F)).

Source: 26 O.S. § 7-101

Private-sector employees (72 O.S. § 48.1): Oklahoma law requires private employers to grant a leave of absence to any employee who is a member of the National Guard or any reserve component of the U.S. Armed Forces when ordered to service under Title 10 or Title 32 of the United States Code. The law states: “no employer shall terminate the employment of or in any other manner discriminate against any employee by reason of such employee being a member of the state military forces or any reserve component.” During this leave, the employee "shall not lose status or seniority." Employers may, but are not required to, pay the difference between regular pay and military base pay. The length of protected leave must be at least as long as federal USERRA protections (38 U.S.C. §§ 4301–4335). There is no Oklahoma statute requiring paid military leave for private-sector employees beyond this pay-differential option.

Anti-discrimination for Guard/Civil Air Patrol (44 O.S. § 208): Employers are prohibited from discharging, refusing employment to, or otherwise discriminating against any person because that person "is a member" of the National Guard, other state military forces, or the Civil Air Patrol, or "by reason of such enlistment or membership." Criminal penalties include a fine up to $100, up to 30 days in jail, or both.

State employee Civil Air Patrol disaster leave (74 O.S. § 840-2.24): Executive branch state employees who are certified disaster service volunteers with the Civil Air Patrol or American Red Cross are entitled to up to 15 working days of paid leave in any 12-month period when deployed to disaster relief missions in Oklahoma, provided both agency head and Governor approval. The statute sets a statewide cap: "No more than five hundred (500) state employees may be on such leave at any one time." This leave cannot be charged against annual leave, sick leave, compensatory time, or any other accrued leave.

Federal overlay: USERRA (federal law) provides a national baseline of job protection and benefit continuation for military servicemembers. Oklahoma’s law adds parallel anti-discrimination protections and specialized paid disaster service leave for state employees in Civil Air Patrol missions, but does not extend paid military leave mandates to the private sector.

Source: 72 O.S. § 48.1, 44 O.S. § 208, 74 O.S. § 840-2.24