Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness, but Oklahoma does not have such a law that covers private employers. However, most Oklahoma employers with 50 or more employees will have leave obligations under the federal Family and Medical Leave Act (FMLA).
The state has implemented requirements that are similar to the requirements of the federal FMLA and notes that the state law is not intended to conflict with the federal law. To be eligible for the leave, employees must have been employed by the state for at least one year and have worked at least 1,250 hours during the preceding 12-month period. The law provides state employees with up to 12 weeks of leave in a 12-month period for the birth or placement of a child or for the serious health condition of the employee or the employee's spouse, child, or parent.
If the employee takes this leave for a serious health condition, the employer may require medical certification from the healthcare provider of the employee or the employee's ill family member. Leave for a serious health condition may be taken intermittently or on a reduced schedule basis.
If the need for leave is foreseeable, employees should provide at least 30 days' notice. If the need for leave is not foreseeable, notice should be provided as soon as possible. Upon conclusion of leave, employees have the right to be restored in the same or equivalent position, with the same or equivalent benefits, except for extensions of his or her annual date for longevity pay, leave accrual, and calculation of retention points, that he ...