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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 74. STATE GOVERNMENT

  § 74-840-2.30. Payment for time not worked - Public accountability – Department of Public Safety employee exemption and requirements.  

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  • A.  It is the policy of the State of Oklahoma to be accountable to state taxpayers for the expenditure of public funds.  To this end, all state employees shall be paid according to a pay system established pursuant to the principles of public accountability that prohibits payment to any state employee for time not worked unless the time not worked is covered by available paid leave.  Violation of this provision may result in disciplinary action and criminal prosecution under Oklahoma law.

    B.  1.  The Department of Public Safety shall be exempt from the provisions of subsection A of this section as it relates to holiday leave for employees of the Department of Public Safety appointed by the Commissioner of Public Safety pursuant to subsection A of Section 2-105 of Title 47 of the Oklahoma Statutes.

    2.  Notwithstanding the dates to be observed as holidays in 2009, as specified and approved by the Governor pursuant to Section 82.1 of Title 25 of the Oklahoma Statutes, on the effective date of this act the Department of Public Safety shall schedule and grant holiday leave for employees prescribed in paragraph 1 of this subsection as is necessary to appropriately perform the functions of the Oklahoma Highway Patrol Division of the Department, regardless of whether the holiday leave is granted on, before, or after the actual date of the holiday specified and approved by the Governor.

    3.  For the calendar year beginning January 1, 2010, and for each calendar year thereafter, all leave hours for the number of holidays to be observed in the calendar year, as specified and approved by the Governor pursuant to Section 82.1 of Title 25 of the Oklahoma Statutes, shall accrue in total on January 1 of the calendar year for each employee prescribed in paragraph 1 of this subsection.  Notwithstanding the dates to be observed as holidays in the calendar year, the Department of Public Safety shall schedule and grant holiday leave for the calendar year for employees prescribed in paragraph 1 of this subsection as is deemed necessary to appropriately perform the functions of the Oklahoma Highway Patrol Division of the Department, regardless of whether the holiday leave is granted on, before, or after the actual date of the holiday specified and approved by the Governor.

    4.  The Department shall schedule and grant for each employee specified in paragraph 1 of this subsection and the employee shall use holiday leave, as specified in this subsection, in eight-hour increments or multiples of eight-hour increments; provided:

    a.the Department shall not schedule and grant for any employee and the employee shall not use more holiday leave in any calendar year than is specified and approved by the Governor for that calendar year, pursuant to Section 82.1 of Title 25 of the Oklahoma Statutes, and

    b.the Department shall schedule and grant for each employee and the employee shall use all holiday leave during the calendar year in which it is specified and approved by the Governor.  Holiday leave shall not carry over from one (1) calendar year to the next calendar year.

    1. If an employee prescribed in paragraph 1 of this subsection leaves the service of the state, and the Department has scheduled and granted the employee and the employee has used holiday leave which is in excess of the number of holidays left in the calendar year during which the employee leaves the service of the state, the Department shall deduct the number of excess hours of holiday leave used by the employee from the accrued annual leave of the employee.

Added by Laws 2005, c. 176, § 5, eff. July 1, 2005.  Amended by Laws 2009, c. 310, § 4, eff. July 1, 2009.