1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 364 By: Pugh |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to school employees; entitling |
| full-time public school district employees who have |
8| worked for a certain amount of time to certain amount |
| of paid maternity leave; directing the leave be used |
9| in certain time period; providing for expiration of |
| leave; directing maternity leave be in addition to |
10| certain sick leave; prohibiting employee on maternity |
| leave from being deprived of certain compensation or |
11| benefits; directing the Legislature to appropriate |
| adequate funding to provide paid maternity leave to |
12| certain school employees; providing for allocation of |
| funds if certain appropriation is not made; providing |
13| for promulgation of rules; amending 70 O.S. 2021, |
| Section 6-104.1, which relates to leave without pay |
14| for teachers; updating statutory reference; allowing |
| maternity leave in addition to certain sick leave and |
15| extended leave; updating statutory language; amending |
| 70 O.S. 2021, Section 6-104.5, which relates to pay |
16| deductions for certain leave; adding statutory |
| reference; allowing certain deductions after |
17| exhausting certain sick leave and maternity leave; |
| amending 70 O.S. 2021, Section 6-104.6, which relates |
18| to establishment of leave sharing programs; allowing |
| certain district employees to participate in certain |
19| shared leave after exhausting maternity leave; |
| requiring maternity leave and sick leave to be used |
20| prior to shared sick leave; making language gender |
| neutral; providing for codification; providing an |
21| effective date; and declaring an emergency. |
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22| |
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23| |
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24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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Req. No. 572 Page 1
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1| SECTION 1. NEW LAW A new section of law to be codified |
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2|in the Oklahoma Statutes as Section 6-104.8 of Title 70, unless |
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3|there is created a duplication in numbering, reads as follows: |
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4| A. A full-time employee of a public school district in this |
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5|state who has been employed by the school district for at least one |
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6|year and has worked at least one thousand two hundred fifty (1,250) |
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7|hours during the preceding twelve-month period shall be entitled to |
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8|twelve (12) weeks of paid maternity leave following the birth of the |
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9|employee's child. The twelve (12) weeks of paid maternity leave |
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10|shall be used in the twelve (12) months following the birth of the |
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11|school district employee's child and shall expire at the end of the |
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12|twelve-month period. |
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13| B. Paid maternity leave provided pursuant to this section shall |
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14|be in addition to and not in place of sick leave due to pregnancy, |
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15|as provided for in Section 6-104 of Title 70 of the Oklahoma |
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16|Statutes. |
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17| C. A school district employee who takes maternity leave |
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18|pursuant to the provisions of this section shall not be deprived of |
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19|any compensation or other benefits to which the employee is |
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20|otherwise entitled. |
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21| D. Each fiscal year, the Legislature shall appropriate adequate |
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22|funding to the State Board of Education for the purpose of providing |
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23|paid maternity leave to eligible school district employees pursuant |
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24|to this act. If the Legislature does not appropriate adequate |
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Req. No. 572 Page 2
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1|funding specifically for the purpose of providing paid maternity |
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2|leave to school district employees, the State Board of Education |
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3|shall allocate from the funds appropriated to the State Board of |
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4|Education for the support of public school activities an amount to |
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5|fully fund paid maternity leave. |
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6| E. The State Board of Education may promulgate rules to |
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7|implement the provisions of this section. |
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8| SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-104.1, is |
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9|amended to read as follows: |
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10| Section 6-104.1. After exhausting sick leave and extended leave |
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11|pursuant to Sections 6-104 and 6-104.5 of Title 70 of the Oklahoma |
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12|Statutes this title and maternity leave pursuant to Section 1 of |
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13|this act, a full-time teacher who, with the proper approval of the |
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14|district board of education, takes not more than ninety (90) school |
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15|days of leave without pay to care for the teacher's child during the |
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16|first year of the child's life, shall receive full credit for the |
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17|days on leave without pay as though the teacher had been on leave |
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18|with pay for purposes of computing experience for the minimum |
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19|teacher salary schedule. A teacher on leave without pay pursuant to |
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20|this section who pays the actuarial cost, as determined by the Board |
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21|of Trustees of the Teachers' Retirement System of Oklahoma, shall |
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22|have the period during which such leave without pay is taken, |
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23|counted toward retirement service credit as though the teacher had |
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24|been on leave with pay. The teacher shall notify their his or her |
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1|employer and the System in writing within thirty (30) days from the |
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2|date he or she returns to service that they he or she will pay such |
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3|actuarial cost. The teacher shall have up to twelve (12) months |
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4|from the date he or she returns to service to pay such actuarial |
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5|cost. |
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6| SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-104.5, is |
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7|amended to read as follows: |
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8| Section 6-104.5. A. If, after exhausting all sick leave |
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9|pursuant to Section 6-104 of this title and maternity leave pursuant |
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10|to Section 1 of this act, a teacher is absent from his or her duties |
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11|due to personal accidental injury, illness, or pregnancy, the |
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12|teacher shall receive for a period of not to exceed twenty (20) days |
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13|his or her full contract salary less the amount: |
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14| 1. actually Actually paid a certified substitute teacher for |
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15|his or her position if a certified substitute teacher is hired; or |
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16| 2. normally Normally paid a certified substitute teacher for |
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17|his or her position if a certified substitute teacher is not hired. |
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18| B. The district's plan may provide that the teacher is entitled |
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19|to payment for accrued but unused sick leave upon termination of |
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20|employment. |
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21| SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-104.6, is |
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22|amended to read as follows: |
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23| Section 6-104.6. A. The board of education of each school |
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24|district may establish a leave sharing program for all district |
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1|employees. The program shall permit district employees to donate |
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2|sick leave to a fellow district employee who is pregnant or |
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3|recovering from childbirth or who is suffering from or has a |
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4|relative or household member suffering from an extraordinary or |
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5|severe illness, injury, impairment, or physical or mental condition |
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6|which has caused or is likely to cause the employee to take leave |
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7|without pay or to terminate employment. |
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8| B. As used in this section: |
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9| 1. "Relative of the employee" means a spouse, child, stepchild, |
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10|grandchild, grandparent, stepparent, or parent of the employee; |
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11| 2. "Household members" means those persons who reside in the |
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12|same home, who have reciprocal duties to and do provide financial |
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13|support for one another. This term shall include foster children |
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14|and legal wards even if they do not live in the household. The term |
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15|does not include persons sharing the same general house, when the |
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16|living style is primarily that of a dormitory or commune; |
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17| 3. "Severe" or "extraordinary" means serious, extreme, or |
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18|life-threatening including temporary disability resulting from |
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19|pregnancy, miscarriage, childbirth, and recovery therefrom; and |
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20| 4. "District employee" means a teacher or any full-time |
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21|employee of the school district. |
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22| C. A district employee may be eligible to receive shared leave |
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23|pursuant to the following conditions: |
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24| |
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1| 1. The board of education determines that the employee meets |
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2|the criteria described in this section; and |
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3| 2. The employee has abided by district policies regarding the |
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4|use of sick leave. |
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5| D. A district employee may donate annual leave to another |
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6|district employee only pursuant to the following conditions: |
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7| 1. The receiving employee has exhausted, or will exhaust, only |
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8|maternity leave granted pursuant to Section 1 of this act or sick |
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9|leave earned pursuant to Section 6-104 of this title due to |
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10|pregnancy, miscarriage, childbirth and recovery therefrom, an |
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11|illness, injury, impairment, or physical or mental condition, which |
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12|is of an extraordinary or severe nature, and involves the employee, |
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13|a relative of the employee, or household member; |
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14| 2. The condition has caused, or is likely to cause, the |
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15|employee to go on leave without pay or to terminate employment; |
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16| 3. The board of education of the district permits the leave to |
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17|be shared with an eligible employee; |
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18| 4. The amount of leave to be donated is within the limits set |
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19|by the board of education of the district; and |
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20| 5. District employees may not donate excess sick leave that the |
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21|donor would not be able to otherwise take. |
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22| E. The board of education of each school district shall |
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23|determine the amount of donated leave an employee may receive. |
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24| |
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1| F. The board of education shall require the employee to submit, |
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2|prior to approval or disapproval, a medical certificate from a |
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3|licensed physician or health care practitioner verifying the severe |
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4|or extraordinary nature and expected duration of the condition. |
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5| G. Donated sick leave is transferable between employees of |
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6|different school districts in the state with the agreement of both |
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7|boards of education of each school district. |
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8| H. The receiving employee shall be paid the regular rate of pay |
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9|of the employee. The sick leave received will be designated as |
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10|shared sick leave and be maintained separately from all other sick |
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11|leave balances. |
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12| I. Any donated sick leave may only be used by the recipient for |
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13|the purposes specified in this section. |
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14| J. Only Maternity leave granted pursuant to Section 1 of this |
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15|act and sick leave earned pursuant to Section 6-104 of this title |
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16|available for use by the recipient must shall be used prior to using |
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17|shared sick leave. |
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18| K. Any shared sick leave not used by the recipient during each |
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19|occurrence as determined by the board of education shall be returned |
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20|to the donor. The shared sick leave remaining will be divided among |
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21|the donors on a prorated basis based on the original donated value |
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22|and returned at its original donor value and reinstated to the |
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23|annual leave balance of each donor. |
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1| L. All donated sick leave must shall be given voluntarily. No |
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2|employee shall be coerced, threatened, intimidated, or financially |
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3|induced into donating sick leave for purposes of the leave sharing |
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4|program. |
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5| M. In addition to the sick leave sharing program provided for |
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6|in this section, the board of education of each school district may |
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7|establish a sick leave sharing bank for all district employees. A |
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8|district employee may donate sick leave to a common fund which may |
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9|be used by any district employee who is eligible to receive shared |
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10|leave as set forth in subsection A of this section. The terms and |
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11|conditions for donation and use of sick leave to a leave sharing |
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12|bank shall be subject to the provisions of this section, unless |
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13|negotiations, entered into pursuant to Section 509.1 et seq. of this |
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14|title, between district employees and the school district establish |
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15|terms and conditions for a sick leave sharing bank in excess of |
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16|those provided for in this section. |
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17| SECTION 5. This act shall become effective July 1, 2023. |
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18| SECTION 6. It being immediately necessary for the preservation |
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19|of the public peace, health, or safety, an emergency is hereby |
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20|declared to exist, by reason whereof this act shall take effect and |
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21|be in full force from and after its passage and approval. |
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22| |
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23| 59-1-572 EB 1/16/2023 6:55:11 AM |
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Req. No. 572 Page 8
