1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1426 By: Vancuren |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 6-104, which relates to types of employee |
8| leave; clarifying provisions for transferability of |
| certain leave; prohibiting loss or transferability of |
9| accumulated sick leave due to break in employment for |
| teachers; updating statutory language; barring loss |
10| or transferability of accumulated sick leave due to |
| break in employment for support personnel; providing |
11| an effective date; and declaring an emergency. |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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15| SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-104, is |
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16|amended to read as follows: |
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17| Section 6-104. A. 1. The board of education of each school |
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18|district in the state shall provide for sick leave for all teachers |
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19|employed in the district and shall pay such teachers the full amount |
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20|of their contract salaries during any absence from their regular |
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21|school duties for a period of time and under such conditions as the |
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22|board may determine, but not less than the minimum benefits |
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23|hereafter specified. Payment for sick leave shall be made on the |
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24|basis of the current salary rate then in effect for the teacher |
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1|receiving the payment. The plan shall provide that a teacher may be |
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2|absent from his or her duties due to personal accidental injury, |
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3|illness or, pregnancy, or accidental injury or illness in the |
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4|immediate family without the loss of salary for not to exceed ten |
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5|(10) days during each school year, except that said an absence |
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6|without loss of salary for teachers employed on an eleven-month |
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7|contract shall not exceed eleven (11) days during each school year |
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8|and for those teachers employed on a twelve-month contract shall not |
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9|exceed twelve (12) days during each school year, if said the |
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10|contract is for the work period, and not merely for pay purposes. |
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11|The right to such sick leave shall vest at the beginning of the |
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12|school year. |
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13| 2. Each school district shall provide for all teachers a |
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14|minimum of three (3) days for personal business leave, upon the |
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15|request of the teacher. Salary deductions for such personal |
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16|business leave shall not exceed the salary level for substitute |
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17|teachers. Provided further, that these terms for personal business |
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18|leave shall not negate any locally negotiated leave policies which |
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19|exceed the minimum benefits stated above. |
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20| 3. Each school district may provide not more than five (5) days |
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21|each year for emergency leave. Each school district will shall |
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22|determine the purposes for which emergency leave can be used. Those |
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23|days shall not be chargeable to sick leave and will shall be |
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24|noncumulative. |
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1| 4. Unused sick leave shall be cumulative up to a total of sixty |
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2|(60) days, and cumulative sick leave shall be transferable to |
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3|another school district or to the Oklahoma School for the Blind or |
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4|the Oklahoma School for the Deaf where the teacher is employed the |
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5|next succeeding school year, provided that the number of days |
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6|transferred shall not exceed the maximum days permitted by the |
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7|receiving school and that such the transferred days shall be used |
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8|first in case of illness and, provided further, that if the |
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9|receiving school pays teachers for unused sick leave upon retirement |
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10|or termination of contract, then said the payments shall be for only |
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11|those days accumulated in the receiving school. Accumulated sick |
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12|leave shall not be lost due to any break in employment, and the |
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13|ability to transfer accumulated sick leave shall not be negated due |
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14|to any break in employment. The school board of the sending |
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15|district shall certify the exact number of days eligible for |
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16|transfer. |
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17| 2. 5. If a teacher is employed at the Oklahoma School for the |
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18|Blind or the Oklahoma School for the Deaf after July 1, 2017, any |
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19|unused sick leave up to a total of sixty (60) days that is |
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20|accumulated at a school district prior to such that date shall be |
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21|transferable. |
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22| B. The plan of each school district for sick leave benefits may |
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23|include other terms and conditions, but shall not provide less sick |
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24|leave benefits than those prescribed herein. Hospital and medical |
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1|proceeds may not be charged against sick leave benefits, but the |
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2|proceeds received by the teacher from any insurance provided by the |
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3|district for loss of compensable time may be charged against sick |
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4|leave benefits. Provided, the board of education may provide all or |
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5|part of hospital and medical benefits, and sickness, accident, |
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6|health, and life insurance or any of the aforesaid for any or all of |
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7|its employees. On authorization of the teacher, the district may |
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8|approve payroll deductions for such teacher's portion of the |
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9|aforesaid. |
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10| C. Each school district shall grant a teacher leave for jury |
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11|service or as a witness subpoenaed in a criminal, civil or juvenile |
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12|proceeding and shall pay the teacher during such his or her service |
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13|the full, current contract salary. Provided that the district may |
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14|deduct any compensation received for serving as a juror or witness |
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15|from the teacher's salary during such the service. |
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16| D. 1. A school district shall also provide for benefits for |
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17|personnel other than teachers. Benefits for support personnel |
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18|employees shall include provisions for paid sick leave of at least |
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19|one (1) day per month of employment not to exceed the number of |
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20|hours per day for which they are regularly employed cumulative to a |
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21|total of sixty (60) days and cumulative sick leave shall be |
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22|transferable to another school district where the person is employed |
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23|the next succeeding school year; provided, that the number of days |
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24|transferred shall not exceed the maximum days permitted by the |
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1|receiving district and that such transferred days shall be used |
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2|first in case of illness up to a maximum of ten (10) transferred |
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3|days per school year unless the local board of education authorizes |
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4|the use of additional transferred days during the school year in an |
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5|amount set by the board and, provided further, that if the receiving |
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6|district pays such person for unused sick leave upon retirement or |
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7|termination of employment, then said the payments shall be for only |
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8|those days accumulated in the receiving district. Accumulated sick |
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9|leave shall not be lost due to any break in employment, and the |
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10|ability to transfer accumulated sick leave shall not be negated due |
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11|to any break in employment. The school board of the sending |
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12|district shall certify the exact number of days eligible for |
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13|transfer. Each school district shall provide for all support |
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14|employees, a minimum of three (3) days for personal business leave, |
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15|upon the request of the support employee. Salary deductions for |
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16|personal business leave shall not exceed an amount necessary to |
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17|cover the costs of services provided to the district by the support |
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18|employee and shall not exceed the salary of the support employee. |
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19|The terms for personal business leave provided by this subsection |
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20|shall not negate any locally negotiated leave policies which exceed |
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21|the minimum benefits stated above. Payment for such leave shall be |
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22|calculated with regard to the definition of "support employee" |
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23|provided by Section 6-101.40 of this title. Provided, that such the |
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24|benefits shall not exceed those authorized for teachers hereunder. |
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1| 2. Support employees, as defined by Section 6-101.40 of this |
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2|title, shall be entitled to pay for any time lost when school is |
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3|closed on account of epidemics or otherwise when an order for such |
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4|closing has been issued by a health officer authorized by law to |
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5|issue the order. |
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6| SECTION 2. This act shall become effective July 1, 2023. |
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7| SECTION 3. It being immediately necessary for the preservation |
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8|of the public peace, health or safety, an emergency is hereby |
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9|declared to exist, by reason whereof this act shall take effect and |
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10|be in full force from and after its passage and approval. |
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12| 59-1-5807 EK 01/01/23 |
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