§ 11-22-135. National disaster leave.

A.  The governing body of a municipality may grant leave with pay not to exceed fifteen (15) working days to a municipal employee who is affected by a presidentially declared national disaster in Oklahoma after May 1, 1999, if:

1.  The employee suffered a physical injury as a result of the disaster;

2.  A relative or household member of the employee suffered a physical injury or died as a result of the disaster; or

3.  The domicile of the employee or the domicile of a relative of the employee was damaged or destroyed as a result of the disaster.

B.  As used in this section:

1.  “Relative of the employee” shall be limited to the spouse, child, stepchild, grandchild, grandparent, stepparent, or parent of the employee; and

2.  “Household members” means those persons who reside in the same home, who have reciprocal duties to and do provide financial support for one another.  This term shall include foster children and legal wards even if they do not live in the household.  The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.

C.  The authority to grant leave with pay pursuant to subsection A of this section shall extend for a period of not more than six (6) months after the date of a presidentially declared national disaster.

D.  Annual leave, sick leave, or compensatory time which was charged to a municipal employee as a result of the presidentially declared national disaster resulting from the May 3, 1999, tornadoes that would have otherwise been eligible for the leave provision in subsection A of this section, may be reinstated by the governing body.  A municipal employee entitled to leave with pay pursuant to this section who was charged leave without pay shall be compensated at the base rate of pay of the employee.

E.  A governing body of a municipality may amend an existing leave sharing program or establish a leave sharing program to allow municipal employees to share sick or annual leave with municipal employees who are eligible for leave pursuant to subsection A of this section.  The disaster-related leave sharing plan shall be subject to the following conditions:

1.  An employee eligible for disaster-related leave may receive up to fifteen (15) days donated leave;

2.  The donated leave must be used for disaster-related injuries or matters;

3.  The eligible employee shall not be required to take or exhaust any of the employee’s regular sick, personal, or emergency leave in order to receive donated leave;

4.  Donated leave may be used to reinstate regular emergency, sick, or personal leave an employee used after May 1, 1999, for disaster-related injuries or matters;

5.  An eligible employee who was required to take leave without pay for disaster-related injuries or matters may be compensated for up to fifteen (15) days if leave is donated to cover the leave without pay; and

6.  The municipality may require documentation to support a request to use donated leave pursuant to this section.

Added by Laws 1999, c. 306, § 4, eff. July 1, 1999.