This post will guide you through employee leave laws for businesses and workers located in the state of Oklahoma.
Follow this guide to understand employers’ obligations for vacation time, paid time off (PTO), sick leave, parental leave, bereavement and more, along with state holidays observed in Oklahoma.
This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.
Paid or unpaid vacation time is not mandated by law in Oklahoma.
Use It or Lose It policies are not mentioned in Oklahoma state laws, which suggests that this type of policy is legal to enforce. Employers may wish to have a written policy covering this to be safe.
Use It or Lose It leave policies mean that any leave not used at the end of the year is forfeited, and not carried over to the following year. Learn more about Use It or Lose It policies here.
Oklahoma law does not require businesses to pay out unused paid time off upon separation of employment (e.g. when an employee quits, is fired, is laid off or retires).
Read More: PTO Payout Laws by State
Oklahoma law does not require employers to provide paid or unpaid sick leave.
Besides any state laws or provisions written into employment contracts, employers in Oklahoma must comply with the Family and Medical Leave Act (FMLA), which entitles eligible employees the right to take 12 weeks of unpaid, job-protected leave for serious health conditions, or to care for spouses, children or parents with a serious health condition.
The following official state holidays are observed in Oklahoma:
| Date | Holiday |
|---|---|
| January 1 | New Year’s Day |
| 3rd Monday in January | Martin Luther King, Jr. Day |
| 3rd Monday in February | Presidents Day |
| Last Monday in May | Memorial Day |
| July 4 | Independence Day |
| 1st Monday in September | Labor Day |
| November 11 | Veterans Day |
| 4th Thursday in November + the Following Day | Thanksgiving |
| 24th & 25th December | Christmas |
There is no requirement to allow employees a paid or unpaid day off for state holidays, and employees required to work on state holidays are not legally entitled to extra compensation (such as higher pay or a compensatory day off), unless promised in their employment contract.
Oklahoma does not have any law requiring employers to provide paid or unpaid maternity leave.
The FMLA does apply, however, entitling new mothers to 12 weeks of unpaid, job-protected leave for the birth of a new child, as well as the placement of a new adoption or foster.
Oklahoma law does not cover paternity leave either.
However, fathers have the same right to unpaid, job-protected leave of up to 12 weeks for the birth of their child, or a new adoption or fostered child.
Oklahoma does not require employers to provide paid or unpaid bereavement leave.
While employees must be allowed time off to serve jury duty, without being discharged, penalized or threatened, this time off is not required to be paid.
Unless an employee has at least three hours before or after working in which to vote while polls are open, they are entitled to two hours of paid time off to do so during their shift.
Federal Law (the Uniformed Services Employment and Reemployment Rights Act (USERRA)) applies in Oklahoma, which states that military service members receive up to five years of unpaid leave for military service, and upon returning, must be reinstated to the same position (or an equivalent position) as they had before their leave.
Anything not covered in Oklahoma state leave laws is up to the discretion of the employer, such as whether or not to provide paid sick leave or PTO, or whether PTO rolls over from year to year.
However, if any benefits are laid out in an employee’s contract or company policy, employers must comply with what has been agreed in that document.
For example, if an employee’s contract states that they are to receive 12 days of PTO each year, the employer is legally required to provide this, even though paid time off is not required by state law.
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