Oklahoma Leave of Absence Salary Clarification
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How to fill out Leave Of Absence Salary Clarification?
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FAQ
Under the National Labor Relations Act (NLRA or the Act), employees have the right to communicate with other employees at their workplace about their wages. Wages are a vital term and condition of employment, and discussions of wages are often preliminary to organizing or other actions for mutual aid or protection.
Oklahoma does not have a law that requires employers to pay employees for any unused vacation time or other benefits in the final paycheck. However, Oklahoma courts will enforce any established policy or employment contract that specifies this payout is due with the final paycheck.
For the most part: no, employers may not prohibit employees from discussing compensation according to the National Labor Relations Board (NLRB) and an April 2014 Executive Order from former President Obama.
The first 12 weeks of leave taken for a work-related injury are designated as FMLA leave, if the employee is eligible for FMLA leave and chooses not to supplement temporary total disability (TTD) payments with sick leave, annual leave, compensatory time or compensatory holiday leave.
You cannot forbid employees either verbally or in written policy from discussing salaries or other job conditions among themselves. Discussing salary at work is protected regardless of whether employees are talking to each other in person or through social media.
If you have a policy, employment contract or a practice of doing so, you're required to pay accrued PTO to every employee who leaves the company. That means, you can't arbitrarily pay banked PTO to salaried employees and not to hourly employees; the practice and policy must equally apply to all employees.
Leave and Reinstatement RightsAlthough FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave. When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.
You cannot forbid employees either verbally or in written policy from discussing salaries or other job conditions among themselves. Discussing salary at work is protected regardless of whether employees are talking to each other in person or through social media.
A discretionary leave of absence is absence without pay, authorized in advance, for 30 or more calendar days and for up to one year. The period of leave should not exceed one year. At that point the employee must either return to work or be terminated.
No federal or state law in Oklahoma requires employers to pay out an employee's accrued vacation, sick leave or other paid time off (PTO) at the termination of employment.
