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 260:25-15-59 - Paid Maternity Leave

(a) Purpose. The purpose of this Rule is to interpret Section 840-2.20D of Title 74 of the Oklahoma Statutes ( Section 840-2.20D). Section 840-2.20D establishes eligibility, standards and procedures for state employees to receive paid maternity leave.

(b) Eligibility to receive paid maternity leave. In order to receive paid maternity leave as established by Section 840-2.20D of Title 74, an employee must be currently employed by the state working in a full-time status of forty (40) hours per week. Males and females are eligible to receive paid leave following the birth or adoption of the employee's child.

(c) Prior time worked required before receiving paid maternity leave. In addition to the requirements set forth in the previous provision, a state employee must have been working in a full-time status at the state agency that will be providing the paid maternity leave for at least two (2) years immediately preceding the request to use the paid maternity leave.

(d) Absences where paid maternity leave can be used. Paid maternity leave is available only following the birth or adoption of the state employee's child. Paid maternity leave is not available for other purposes, such as for pregnancy-related medical care or following the placement of a child with the state employee for foster care or under a guardianship.

(e) Paid maternity leave to be taken first. Paid maternity leave shall be used to account for time lost following the birth or adoption of a child before utilizing any other options available to state employees under 260:25-15-45.

(f) Amount of paid maternity leave available to state employees. A state employee's prior paid maternity leave at either the state employee's current state agency or another state agency does not affect the ability to receive and use additional paid maternity leave following the birth or adoption of a subsequent child provided the state employee meets the eligibility requirements set forth in sections (b) and (c) of this Rule.

(g) Family Medical Leave Act and paid maternity leave. The state agency shall place all state employees who are eligible under the Family Medical Leave Act (FMLA) on FMLA leave concurrently with the paid maternity leave. In the event the state employee has exhausted the FMLA leave available to him or her and then is eligible to receive paid maternity leave or exhausts the FMLA leave before all of the paid maternity leave is exhausted, the Appointing Authority shall allow the employee to use the remaining balance of the six weeks of paid maternity leave before returning to work.

(h) Intermittent usage of paid maternity leave. If the Appointing Authority has adopted a policy that allows family and medical leave to be taken intermittently to care for a newborn child or newly adopted child as permitted by 260:25-15-45(f), then the state employee can take the paid maternity leave intermittently to care for his or her newborn child or newly adopted child.

(i) Time period paid maternity leave is available. Paid maternity leave is available to cover time taken following the birth or adoption of a child beginning November 1, 2023. If the Appointing Authority allows family and medical leave to be taken intermittently, the entitlement to receive paid maternity leave expires at the end of the 12-month period beginning on the date of the birth or adoption.

(j) Availability of paid maternity leave to both parents who work for the same state agency. If two state employees work for the same state agency and request paid maternity leave to cover the same period of absence, the state agency shall allow up to the full six (6) weeks of paid maternity leave to both state employees so long as both state employees meet the eligibility requirements set forth in sections (b) and (c) of this Rule. This provision shall have no effect on the limitations within the Family Medical Leave Act that prescribe eligible spouses who work for the same employer are limited to a combined total of twelve (12) workweeks of leave in a twelve (12) month period for the birth of a son or daughter and bonding with the newborn child or the placement of a son or daughter with the employee for adoption and bonding with the newly-placed child.

(k) Salary earned while on paid maternity leave. A state employee who is receiving paid maternity leave shall receive his or her full salary and all other benefits to which the state employe is entitled under the law and terms of employment.

(l) Annual and sick accrual while on paid maternity leave. A state employee who is receiving paid maternity shall continue to accrue annual and sick leave in accordance with 260:25-15-11(b) and 260:25-15-12.

(m) Paid maternity leave and career progression. The previous or current receipt of paid maternity leave shall have no effect on the state employee's career progression, which shall include the following:

(n) Accrual and Accumulation of paid maternity leave. Unlike annual and sick leave, paid maternity leave does not accrue and accumulate. If an eligible employee does not utilize paid maternity leave in the time allowed under this Rule, paid maternity leave is no longer available for that eligible occurrence. Because paid maternity leave does not accrue and accumulate, upon separation from state service, no paid maternity leave is available to be used as compensation.