ENROLLED SENATE
BILL NO. 1121 By: Thompson (Roger), Hall, Newhouse, and Pugh of
the Senate
and
Wallace,
Martinez, Deck, McBride, and Baker of the House
An Act relating to education employees; entitling certain
full-time employees who have worked for a certain amount of time to certain
amount of paid maternity leave; directing maternity leave be in addition to
certain sick leave; prohibiting employee on maternity leave from being deprived
of certain compensation or benefits; directing the Legislature to appropriate
adequate funding to provide paid maternity leave to certain school employees;
providing for allocation of funds if certain appropriation is not made;
providing for promulgation of rules; amending 70 O.S. 2021, Section 6-104.1,
which relates to leave without pay for teachers; updating statutory reference;
allowing maternity leave in addition to certain sick leave and extended leave;
updating statutory language; amending 70 O.S. 2021, Section 6-104.5, which
relates to pay deductions for certain leave; adding statutory reference;
allowing certain deductions after exhausting certain sick leave and maternity
leave; amending 70 O.S. 2021, Section 6-104.6, which relates to establishment
of leave sharing programs; allowing certain district employees to participate
in certain shared leave after exhausting maternity leave; requiring maternity
leave and sick leave to be used prior to shared sick leave; making language
gender neutral; amending 10A O.S. 2021, Section 2-7-202, as last amended by
Section 1 of Enrolled House Bill No. 1842 of the 1st Session of the 59th
Oklahoma Legislature, which relates to duties of the Office of Juvenile
Affairs; entitling certain eligible employees to paid maternity leave; amending
57 O.S. 2021, Section 510.6a, which relates to salaries for correctional
teachers; updating statutory language; updating statutory reference; entitling
certain eligible employees to paid maternity leave; creating the Public School
Paid Maternity Leave Revolving Fund; specifying source of fund; providing for
expenditures; providing purpose of fund; creating the Education Employee Paid
Maternity Leave Revolving Fund; specifying source of fund; providing for
expenditures; providing purpose of fund; providing for codification; providing
an effective date; and declaring an emergency.
SUBJECT: Paid maternity leave
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 6-104.8 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A.
1. Full-time employees of a
public school district in this state who have been employed by the school
district for at least one year and have worked at least one thousand two
hundred fifty (1,250) hours during the preceding twelve-month period;
2.
Persons employed full time as classroom instructional employees of
technology center school districts supervised by the State Board of Career and
Technology Education who have been employed by the technology center school
district for at least one year and have worked at least one thousand two
hundred fifty (1,250) hours during the preceding twelve-month period;
3.
Persons employed as teachers by the State Department of Rehabilitation
Services who have been employed by the State Department of Rehabilitation Services
for at least one year and have worked at least one thousand two hundred fifty
(1,250) hours during the preceding twelve-month period;
4.
Persons employed full time as correctional teachers or vocational
instructors by the Department of Corrections pursuant to Section 510.6a of
Title 57 of the Oklahoma Statutes who have been employed by a Department of
Corrections facility for at least one year and have worked at least one
thousand two hundred fifty (1,250) hours during the preceding twelve-month period;
and
5.
Persons employed full time as teachers by the Office of Juvenile Affairs
who have been employed by an Office of Juvenile Affairs facility for at least
one year and have worked at least one thousand two hundred fifty (1,250) hours
during the preceding twelve-month period,
shall be entitled to six (6) weeks
of paid maternity leave following the birth of the employee’s child. The six (6) weeks of paid maternity leave
shall be used immediately following the birth of the school district employee’s
child.
B.
1. Paid maternity leave provided
pursuant to paragraphs 1, 2, and 3 of subsection A of this section shall be in
addition to and not in place of sick leave due to pregnancy, as authorized by
Section 6-104 of Title 70 of the Oklahoma Statutes.
2.
Paid maternity leave provided pursuant to paragraph 4 of subsection A of
this section shall be in addition to and not in place of sick leave due to
pregnancy, as authorized by Section 510.6a of Title 57 of the Oklahoma
Statutes.
3.
Paid maternity leave provided pursuant to paragraph 5 of subsection A of
this section shall be in addition to and not in place of sick leave due to
pregnancy, as authorized by Section 2-7-202 of Title 10A of the Oklahoma
Statutes.
C.
An employee who takes maternity leave pursuant to the provisions of subsection
A of this section shall not be deprived of any compensation or other benefits
to which the employee is otherwise entitled.
D.
Each fiscal year, the Legislature shall appropriate adequate funding to
the Public School Paid Maternity Leave Revolving Fund created in Section 7 of
this act for the purpose of providing paid maternity leave to eligible school
district employees pursuant to paragraph 1 of subsection A of this section. If the Legislature does not appropriate
adequate funding specifically for the purpose of providing paid maternity leave
to school district employees, the State Board of Education shall allocate from
the funds appropriated to the State Board of Education for the support of
public school activities an amount to fully fund paid maternity leave.
E.
The State Board of Education, the State Board of Career and Technology
Education, the Commission for Rehabilitation Services, the State Board of
Corrections, and the Board of Juvenile Affairs may promulgate rules to
implement the provisions of this section.
SECTION 2.
AMENDATORY 70 O.S. 2021,
Section 6-104.1, is amended to read as follows:
Section 6-104.1. After
exhausting sick leave and extended leave pursuant to Sections 6-104 and 6-104.5
of Title 70 of the Oklahoma Statutes this title and maternity leave pursuant
to Section 1 of this act, a full-time teacher who, with the proper approval
of the district board of education, takes not more than ninety (90) school days
of leave without pay to care for the teacher’s child during the first year of
the child’s life, shall receive full credit for the days on leave without pay
as though the teacher had been on leave with pay for purposes of computing
experience for the minimum teacher salary schedule. A teacher on leave without pay pursuant to
this section who pays the actuarial cost, as determined by the Board of
Trustees of the Teachers’ Retirement System of Oklahoma, shall have the
period during which such leave without pay is taken, counted toward retirement
service credit as though the teacher had been on leave with pay. The teacher shall notify their his
or her employer and the System in writing within thirty (30) days from the
date he or she returns to service that they he or she will pay
such actuarial cost. The teacher shall
have up to twelve (12) months from the date he or she returns to service to pay
such actuarial cost.
SECTION 3.
AMENDATORY 70 O.S. 2021,
Section 6-104.5, is amended to read as follows:
Section 6-104.5. A. If, after exhausting all sick leave pursuant
to Section 6-104 of this title and maternity leave pursuant to Section 1 of
this act, a teacher is absent from his or her duties due to personal
accidental injury, illness, or pregnancy, the teacher shall receive for
a period of not to exceed twenty (20) days his or her full contract salary less
the amount:
1.
actually Actually paid a certified substitute teacher for
his or her position if a certified substitute teacher is hired; or
2.
normally Normally paid a certified substitute teacher for
his or her position if a certified substitute teacher is not hired.
B.
The district’s plan may provide that the teacher is entitled to payment
for accrued but unused sick leave upon termination of employment.
SECTION 4.
AMENDATORY 70 O.S. 2021,
Section 6-104.6, is amended to read as follows:
Section 6-104.6. A. The board of education of each school
district may establish a leave sharing program for all district employees. The program shall permit district employees
to donate sick leave to a fellow district employee who is pregnant or
recovering from childbirth or who is suffering from or has a relative or
household member suffering from an extraordinary or severe illness, injury,
impairment, or physical or mental condition which has caused or is likely to
cause the employee to take leave without pay or to terminate employment.
B.
As used in this section:
1.
“Relative of the employee” means a spouse, child, stepchild, grandchild,
grandparent, stepparent, or parent of the employee;
2.
“Household members” means those persons who reside in the same home, who
have reciprocal duties to and do provide financial support for one
another. This term shall include foster
children and legal wards even if they do not live in the household. The term does not include persons sharing the
same general house, when the living style is primarily that of a dormitory or
commune;
3.
“Severe” or “extraordinary” means serious, extreme, or
life-threatening including temporary disability resulting from pregnancy,
miscarriage, childbirth, and recovery therefrom; and
4.
“District employee” means a teacher or any full-time employee of the
school district.
C.
A district employee may be eligible to receive shared leave pursuant to
the following conditions:
1.
The board of education determines that the employee meets the criteria
described in this section; and
2.
The employee has abided by district policies regarding the use of sick
leave.
D.
A district employee may donate annual leave to another district employee
only pursuant to the following conditions:
1.
The receiving employee has exhausted, or will exhaust, only maternity
leave granted pursuant to Section 1 of this act or sick leave earned
pursuant to Section 6-104 of this title due to pregnancy, miscarriage,
childbirth and recovery therefrom, an illness, injury, impairment, or physical
or mental condition, which is of an extraordinary or severe nature, and
involves the employee, a relative of the employee, or household member;
2.
The condition has caused, or is likely to cause, the employee to go on
leave without pay or to terminate employment;
3.
The board of education of the district permits the leave to be shared
with an eligible employee;
4.
The amount of leave to be donated is within the limits set by the board
of education of the district; and
5.
District employees may not donate excess sick leave that the donor would
not be able to otherwise take.
E.
The board of education of each school district shall determine the
amount of donated leave an employee may receive.
F.
The board of education shall require the employee to submit, prior to
approval or disapproval, a medical certificate from a licensed physician or
health care practitioner verifying the severe or extraordinary nature and
expected duration of the condition.
G.
Donated sick leave is transferable between employees of different school
districts in the state with the agreement of both boards of education of each
school district.
H.
The receiving employee shall be paid the regular rate of pay of the
employee. The sick leave received will
be designated as shared sick leave and be maintained separately from all other
sick leave balances.
I.
Any donated sick leave may only be used by the recipient for the
purposes specified in this section.
J.
Only Maternity leave granted pursuant to Section 1 of this act
and sick leave earned pursuant to Section 6-104 of this title available for
use by the recipient must shall be used prior to using shared
sick leave.
K.
Any shared sick leave not used by the recipient during each occurrence
as determined by the board of education shall be returned to the donor. The shared sick leave remaining will be
divided among the donors on a prorated basis based on the original donated
value and returned at its original donor value and reinstated to the annual
leave balance of each donor.
L.
All donated sick leave must shall be given
voluntarily. No employee shall be
coerced, threatened, intimidated, or financially induced into donating sick
leave for purposes of the leave sharing program.
M.
In addition to the sick leave sharing program provided for in this
section, the board of education of each school district may establish a sick
leave sharing bank for all district employees.
A district employee may donate sick leave to a common fund which may be
used by any district employee who is eligible to receive shared leave as set
forth in subsection A of this section.
The terms and conditions for donation and use of sick leave to a leave
sharing bank shall be subject to the provisions of this section, unless
negotiations, entered into pursuant to Section 509.1 et seq. of this title,
between district employees and the school district establish terms and
conditions for a sick leave sharing bank in excess of those provided for in
this section.
SECTION 5.
AMENDATORY 10A O.S. 2021,
Section 2-7-202, as last amended by Section 1 of Enrolled House Bill No. 1842
of the 1st Session of the 59th Oklahoma Legislature, is amended to read as
follows:
Section 2-7-202. A. There is hereby created the Office of
Juvenile Affairs which shall be responsible for programs and services for
youthful offenders and juveniles alleged or adjudicated to be delinquent or in
need of supervision. The Executive Director
shall be responsible for established divisions and appointing Division
Directors within the Office of Juvenile Affairs.
B.
Suitable office space shall be provided by the Office of Management and
Enterprise Services to the Office of Juvenile Affairs, to the extent necessary
for the Office to implement its jurisdictional duties provided by the Oklahoma
Juvenile Code, and the Office may incur necessary expenses for office rent.
C.
Effective July 1, 1995, the Office of Juvenile Affairs shall be a Merit
System agency and all employees of the Office of Juvenile Affairs shall be
classified employees who are subject to the Oklahoma Personnel Act and the
Merit System of Personnel Administration, except as otherwise provided by law. Eligible persons employed as teachers by
the Office of Juvenile Affairs shall be entitled to paid maternity leave as
provided for in Section 1 of this act.
Effective June 1, 2020, employees hired for service at the Southwest
Oklahoma Juvenile Center in Manitou shall be considered unclassified and
employed in a term-limited appointment.
If state services continue at the facility after the designated term,
the employee may be transferred into a non-term-limited position. Current employees and employees hired prior
to June 1, 2020, shall not be subject to this provision.
D.
Effective July 1, 1995, within its jurisdictional areas of
responsibility, the Office of Juvenile Affairs, acting through the Executive
Director, or persons authorized by law, rule or designated by the Executive
Director to perform such acts, shall have the power and duty to:
1.
Advise, consult, cooperate and enter into agreements with agencies of
the state, municipalities and counties, other states and the federal
government, and other persons;
2.
Enter into agreements for, accept, administer and
3.
Require the establishment and maintenance of records and reports;
4.
Establish a system of training for personnel in order to assure uniform
statewide application of law and rules;
5.
Enforce the provisions of the Oklahoma Juvenile Code and rules
promulgated thereunder and orders issued pursuant thereto;
6.
Charge and receive fees pursuant to fee schedules promulgated by the
Board of Juvenile Affairs;
7.
Conduct studies, research and planning of programs and functions,
pursuant to the authority granted by the Oklahoma Juvenile Code;
8.
Enter into interagency agreements;
9.
Provide administrative and support services to the Board of Juvenile
Affairs as necessary to assist the Board in the performance of its duties;
10.
Establish and maintain such facilities and institutions as are necessary
or convenient for the operation of programs for children under the jurisdiction
of the Office of Juvenile Affairs;
11.
Lease, from time to time, any real property which the Board of Juvenile
Affairs shall determine advisable to more fully carry into effect the operation
of the Office of Juvenile Affairs in accordance with applicable state
statutes. All such leases for real
property shall be subject to the provisions of Section 63 of Title 74 of the
Oklahoma Statutes;
12.
Purchase or lease any equipment, supplies or materials pursuant to the
Oklahoma Central Purchasing Act;
13.
Contract for professional services;
14.
Acquire, construct, extend, and operate any and all facilities of all
kinds which in the judgment of the Executive Director and the approval of the
Legislature shall be necessary or convenient to carry out the duties of the
Office of Juvenile Affairs, as authorized by law;
15.
Establish an employee recruitment and referral incentive program and
promulgate internal agency policy for the operation of the program, which may
include, but shall not be limited to, program purposes, pay incentives for
employees, eligibility requirements, payment conditions and amounts, payment
methods, payment recoupment, and record keeping; and
16.
Exercise all incidental powers which are necessary and proper to
implement and administer the purposes of the Oklahoma Juvenile Code.
E.
The Office of Juvenile Affairs shall maintain a fair, simple and
expeditio
F.
Effective November 1, 2012, the Office of Juvenile Affairs shall
establish a system of certification in accordance with the Oklahoma Child Care
Facilities Licensing Act for the shelters managed and operated by the
Department of Human Services pursuant to the requirements of Section 1-9-111 of
this title. The Office of Juvenile
Affairs shall certify shelters pursuant to the requirements of existing rules
as established by the Oklahoma Commission on Children and Youth until such time
the Office of Juvenile Affairs has promulgated rules for the certification of
shelters.
SECTION 6.
AMENDATORY 57 O.S. 2021,
Section 510.6a, is amended to read as follows:
Section 510.6a. A. Persons certified to teach in the State of
Oklahoma this state and meeting all minimum qualifications set by
the Office of Management and Enterprise Services, who are hired or employed as Correctional
Teachers correctional teachers or Vocational Instructors vocational
instructors by the Department of Corrections educational program, shall
receive in salary the minimum amounts specified in Section 18-114.12 of
Title 70 of the Oklahoma Statutes Section 1 of Enrolled Senate Bill No.
1119 of the 1st Session of the 59th Oklahoma Legislature multiplied by a
factor of 1.20. Correctional Teachers
teachers serving as lead workers with supervisory responsibilities shall
receive the minimum amounts specified above multiplied by a factor of
1.25. Correctional Teachers teachers
who have a special education certificate shall receive salary of an additional
five percent (5%). Correctional Teachers
teachers shall receive the benefits set forth in Sections 1370 and 1707
of Title 74 of the Oklahoma Statutes; provided, however, Correctional
Teachers correctional teachers shall not be eligible for longevity
payments pursuant to Section 840-2.18 of Title 74 of the Oklahoma Statutes. Eligible persons employed as correctional
teachers or vocational instructors by the Department of Corrections shall be
entitled to paid maternity leave as provided for in Section 1 of this act.
B. Persons employed by
the Department of Corrections school system as nonteaching administrators shall
be in the unclassified service and shall not be placed under the classified
service; however, any classified employee occupying an administrative position
prior to July 1, 2000, shall retain the right to remain in the classified
service. At such time as such position
becomes vacant, it shall be placed in the unclassified service.
C. Except as provided by
this section of law, the employment of persons by the Department of Corrections
educational program as teachers or administrators shall be entirely governed by
the provisions of Title 74 of the Oklahoma Statutes and any other laws or rules
regarding state employees and their employment; however, no Department of
Corrections Correctional Teacher correctional teacher or Vocational
Instructor vocational instructor, whose salary is calculated in
accordance with the provisions of this section, shall be entitled to receive
any pay increases for state employees authorized elsewhere in statute, rule,
or law. Correctional Teachers teachers
or Vocational Instructors vocational instructors shall receive
any legislated pay increases granted in addition to the Title 70 minimum salary
schedule; provided, such increases are given to all common education/vocational
technical teachers.
D. The salaries for all Correctional
Teachers correctional teachers and Vocational Instructors vocational
instructors shall be adjusted annually on July 1 unless legislation
authorizes a pay raise for educators with an implementation date other than
July 1, in which case the annual adjustment shall occur on the date of the pay
raise implementation.
E. The monthly salaries
of Correctional Teachers correctional teachers and Vocational
Instructors vocational instructors employed by the Department of
Corrections on the effective date of this act will be adjusted according to the
procedures authorized in subsection A of this section on the first day of the
month following the effective date of this act.
Longevity payments will be eliminated in the month following the
effective date of this act for Correctional Teachers correctional
teachers and Vocational Instructors vocational instructors
whose salaries are calculated according to the provisions of this section. The salaries of the employees governed by
this section who are employed on the effective date of this act will be
recalculated. The recalculation will be
based on the provisions of subsection A of this section for actual time
employed as a Department of Corrections Correctional Teacher correctional
teacher or Vocational Instructor vocational instructor between
July 1, 2004, and the last day of the month in which this act becomes
effective. Authorized employees will
receive a one-time payment equal to the difference between the recalculated
salary amount and the compensation received.
SECTION 7.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 6-104.9 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby
created in the State Treasury a revolving fund for the State Board of Education
to be designated the “Public School Paid Maternity Leave Revolving Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies received by
the State Board of Education from state appropriations. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the State Board of
Education for the purpose of reimbursing school districts for expenses related
to providing paid maternity leave as provided for in subsection B of this
section. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against claims filed
as prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
B. School districts in
this state shall file claims with the State Board of Education for
reimbursement of expenses related to providing eligible employees with paid
maternity leave as provided for in Section 1 of this act.
SECTION 8.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 6-104.10 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby
created in the State Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated the “Education Employee Paid Maternity
Leave Revolving Fund”. The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Office of Management and Enterprise Services from
state appropriations. All monies accruing
to the credit of the fund are hereby appropriated and may be budgeted and
expended by the Office of Management and Enterprise Services for the purpose of
reimbursing agencies for expenses related to providing paid maternity leave as
provided for in subsection B of this section.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the Director of
the Office of Management and Enterprise Services for approval and payment.
B. The Oklahoma
Department of Career and Technology Education, State Department of
Rehabilitation Services, the Department of Corrections, and the Office of
Juvenile Affairs shall file claims with the Director of the Office of
Management and Enterprise Services for reimbursement of expenses related to
providing eligible employees with paid maternity leave as provided for in
Section 1 of this act.
SECTION 9.
This act shall become effective July 1, 2023.
SECTION 10.
It being immediately necessary for the preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, by reason whereof
this act shall take effect and be in full force from and after its passage and
approval.
Passed the Senate the 17th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 19th day of May, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________