Employer-provided “benefits” are varied to say the least. Under Oklahoma law, “benefits” include any “special wages that are paid at certain times under certain conditions, according to the terms of the employment agreement. These include vacation, sick pay, paid holidays, severance, bonuses, and other similar advantages,” other than “mileage reimbursement, travel expenses, ‘sweat equity,’ or stock options.” Okla. Admin. Code 380:30-1-8(d).

These “benefits” are not required by any applicable federal or state law. As a result, employers have a lot of flexibility and discretion when it comes to determining the type and amount of benefits allowed, including any terms and conditions on eligibility or receipt.

Offering benefits? Put it in writing and get a signed acknowledgment.

When determining whether an individual is entitled to “benefits,” the Oklahoma Department of Labor (ODOL) will look to the employer’s policies or practices. “Entitlement to benefits and/or the receipt thereof may be found upon proof of an established policy, or pursuant to the terms of a written agreement, and may be conditioned upon a certain level of job performance or any other criteria not otherwise unlawful.” Okla. Admin. Code 380:30-1-8(d).

For example, paid time off (PTO) policies may incorporate any of the following:

• Forfeiture of any accrued and used paid time off at the end of the year (“use-it-or-lose-it” policies)
• A cap on the amount of accrued paid time off employees may roll over to a...

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