Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 25 - Personnel Administration Rules › Subchapter 15 - Time and Leave › Part 5 - MISCELLANEOUS TYPES OF LEAVE › Section 260:25-15-49 - Leave and first preference due to work related illness or injury

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of this
				  Section is to interpret Section
				  840-2.21
				  of Title 74 of the Oklahoma Statutes (Section 840-2.21). Section 840-2.21
				  establishes the rights and benefits of employees who are absent from work
				  because of an illness or injury arising out of and sustained in the course of
				  employment with the State. These employees have a right to return to work if
				  certain conditions are met. In applying Section 840-2.21 and this Section,
				  employing agencies shall return an employee to work as soon as possible, either
				  to the original position or to an alternate position if an employee, with
				  reasonable accommodation, is unable to return to the original
				  position.
(b)
Employee
				  eligibility.
An employee shall file a claim for workers compensation
				  benefits to be eligible [74:840-2.21].
(c)
Termination of rights.
All
				  rights and benefits under Section 840-2.21 and this Section shall end 1 year
				  after the start of leave without pay under this Section and shall end
				  immediately if the claim for workers compensation is denied or otherwise
				  concluded within the 1 year period [74:840-2.21].
(d)
Employing agency practice, policy,
				  and procedure.
An agency's policy, procedure and practice affecting
				  employees who file claims for workers compensation benefits shall agree with
				  Section 840-2.21.
(e)
Required notice to employees.
Appointing Authorities shall give
				  employees who report a job related illness or injury copies of this Section,
				  Section 840-2.21, and the agency's policies and procedures for complying with
				  this Section and the law. The procedures shall include instructions about
				  requesting leave without pay under Section 840-2.21.
(f)
Placement of employee on leave
				  without pay.
Appointing Authorities shall refer to this Section when
				  they place an employee on leave without pay under Section 840-2.21. The
				  Appointing Authority shall not require employees to exhaust paid sick and
				  annual leave accumulations before placing them on leave without pay
				  [74:840-2.21]. The Appointing Authority shall continue paying the employee's
				  basic plan insurance coverage and dependent insurance benefit allowance while
				  the employee is on leave without pay, and the leave shall not be a break in
				  service [74:840-2.21].
(g)
Medical reports.
At least every 3 months, an employee on leave
				  without pay under this Section shall give the Appointing Authority a medical
				  statement as to his or her ability to perform the essential duties of the
				  original position [74:840-2.21]. The medical statement shall be made by a
				  physician as defined in Section
				  14 of Title
				  85 of the Oklahoma Statutes.
(h)
Inability to perform essential duties of original position.
If an
				  employee on leave without pay under this Section cannot perform the essential
				  duties of the original position, the employing agency shall give the employee
				  first preference for other positions according to Section 840-2.21.
(1) Appointing Authorities shall establish a
				  procedure for giving employees on leave without pay under this Section first
				  preference to fill positions that do not represent a promotion to the employee,
				  if the employee is medically able to do the essential duties and has the
				  minimum qualifications for positions the Appointing Authority seeks to
				  fill.
(2) Appointing Authorities do
				  not have to notify employees on leave without pay under this Section when the
				  Appointing Authority fills a vacant position temporarily.
(3) Before an Appointing Authority may give
				  an employee first preference for a position, the employee shall be certified by
				  the as meeting the required qualifications, if any.
(4) Before an Appointing Authority assigns an
				  employee to an alternate position (a position that is not the original
				  position), the Appointing Authority shall give the employee written notice of
				  the requirement to return to the original position under (i) of this Section.
				  While in an alternate position, an employee shall submit medical reports at
				  least every 3 months and whenever the medical condition changes enough to
				  affect his or her ability to return to the original
				  position.