1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 52 By: Stanley |
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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 sick leave; |
8| clarifying provisions regarding transferability of |
| certain leave for teachers and support personnel; |
9| prohibiting accumulated sick leave from being lost or |
| not transferred due to any break in employment; |
10| updating statutory language; providing an effective |
| date; and declaring an emergency. |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-104, is |
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15|amended to read as follows: |
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16| Section 6-104. A. 1. The board of education of each school |
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17|district in the state shall provide for sick leave for all teachers |
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18|employed in the district and shall pay such the teachers the full |
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19|amount of their contract salaries during any absence from their |
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20|regular school duties for a period of time and under such conditions |
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21|as the board may determine, but not less than the minimum benefits |
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22|hereafter specified. Payment for sick leave shall be made on the |
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23|basis of the current salary rate then in effect for the teacher |
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24|receiving the payment. The plan shall provide that a teacher may be |
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1|absent from his or her duties due to personal accidental injury, |
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2|illness or, pregnancy, or accidental injury or illness in the |
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3|immediate family without the loss of salary for not to exceed ten |
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4|(10) days during each school year, except that said such absence |
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5|without loss of salary for teachers employed on an eleven-month |
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6|contract shall not exceed eleven (11) days during each school year |
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7|and for those teachers employed on a twelve-month contract shall not |
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8|exceed twelve (12) days during each school year, if said the |
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9|contract is for the work period, and not merely for pay purposes. |
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10|The right to such leave shall vest at the beginning of the school |
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11|year. Each school district shall provide for all teachers a minimum |
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12|of three (3) days for personal business leave, upon the request of |
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13|the teacher. Salary deductions for such leave shall not exceed the |
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14|salary level for substitute teachers. Provided further, that these |
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15|terms for personal business leave shall not negate any locally |
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16|negotiated leave policies which exceed the minimum benefits stated |
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17|above. Each school district may provide not more than five (5) days |
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18|each year for emergency leave. Each school district will shall |
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19|determine the purposes for which emergency leave can be used. Those |
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20|days shall not be chargeable to sick leave and will shall be |
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21|noncumulative. Unused sick leave shall be cumulative up to a total |
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22|of sixty (60) days, and cumulative sick leave shall be transferable |
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23|to another school district or to the Oklahoma School for the Blind |
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24|or the Oklahoma School for the Deaf where the teacher is employed |
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1|the next succeeding school year, provided that the number of days |
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2|transferred shall not exceed the maximum days permitted by the |
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3|receiving school and that such transferred days shall be used first |
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4|in case of illness and, provided further, that if the receiving |
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5|school pays teachers for unused sick leave upon retirement or |
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6|termination of contract, then said such payments shall be for only |
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7|those days accumulated in the receiving school. Accumulated sick |
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8|leave shall not be lost due to any break in employment, and the |
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9|ability to transfer accumulated sick leave shall not be negated due |
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10|to any break in employment. The school board of the sending |
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11|district shall certify the exact number of days eligible for |
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12|transfer. |
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13| 2. If a teacher is employed at the Oklahoma School for the |
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14|Blind or the Oklahoma School for the Deaf after July 1, 2017, any |
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15|unused sick leave up to a total of sixty (60) days that is |
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16|accumulated at a school district prior to such date shall be |
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17|transferable. |
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18| B. The plan of each school district for sick leave benefits may |
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19|include other terms and conditions, but shall not provide less sick |
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20|leave benefits than those prescribed herein. Hospital and medical |
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21|proceeds may not be charged against sick leave benefits, but the |
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22|proceeds received by the teacher from any insurance provided by the |
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23|district for loss of compensable time may be charged against sick |
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24|leave benefits. Provided, the board of education may provide all or |
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1|part of hospital and medical benefits, and sickness, accident, |
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2|health, and life insurance or any of the aforesaid for any or all of |
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3|its employees. On authorization of the teacher, the district may |
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4|approve payroll deductions for such teacher's portion of the |
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5|aforesaid. |
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6| C. Each school district shall grant a teacher leave for jury |
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7|service or as a witness subpoenaed in a criminal, civil, or juvenile |
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8|proceeding and shall pay the teacher during such service the full, |
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9|current contract salary. Provided, that the district may deduct any |
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10|compensation received for serving as a juror or witness from the |
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11|teacher's salary during such service. |
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12| D. 1. A school district shall also provide for benefits for |
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13|personnel other than teachers. Benefits for support personnel |
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14|employees shall include provisions for paid sick leave of at least |
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15|one (1) day per month of employment not to exceed the number of |
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16|hours per day for which they are regularly employed cumulative to a |
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17|total of sixty (60) days and cumulative sick leave shall be |
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18|transferable to another school district where the person is employed |
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19|the next succeeding school year; provided, that the number of days |
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20|transferred shall not exceed the maximum days permitted by the |
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21|receiving district and that such transferred days shall be used |
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22|first in case of illness up to a maximum of ten (10) transferred |
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23|days per school year unless the local board of education authorizes |
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24|the use of additional transferred days during the school year in an |
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1|amount set by the board and, provided further, that if the receiving |
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2|district pays such person for unused sick leave upon retirement or |
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3|termination of employment, then said such payments shall be for only |
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4|those days accumulated in the receiving district. Accumulated sick |
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5|leave shall not be lost due to any break in employment, and the |
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6|ability to transfer accumulated sick leave shall not be negated due |
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7|to any break in employment. The school board of the sending |
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8|district shall certify the exact number of days eligible for |
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9|transfer. Each school district shall provide for all support |
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10|employees, a minimum of three (3) days for personal business leave, |
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11|upon the request of the support employee. Salary deductions for |
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12|personal business leave shall not exceed an amount necessary to |
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13|cover the costs of services provided to the district by the support |
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14|employee and shall not exceed the salary of the support employee. |
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15|The terms for personal business leave provided by this subsection |
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16|shall not negate any locally negotiated leave policies which exceed |
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17|the minimum benefits stated above. Payment for such leave shall be |
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18|calculated with regard to the definition of "support employee" |
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19|provided by Section 6-101.40 of this title. Provided, that such |
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20|benefits shall not exceed those authorized for teachers hereunder. |
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21| 2. Support employees, as defined by Section 6-101.40 of this |
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22|title, shall be entitled to pay for any time lost when school is |
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23|closed on account of epidemics or otherwise when an order for such |
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1|closing has been issued by a health officer authorized by law to |
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2|issue the order. |
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3| SECTION 2. This act shall become effective July 1, 2023. |
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4| SECTION 3. It being immediately necessary for the preservation |
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5|of the public peace, health, or safety, an emergency is hereby |
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6|declared to exist, by reason whereof this act shall take effect and |
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7|be in full force from and after its passage and approval. |
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9| 59-1-457 EB 12/19/2022 3:45:16 PM |
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Req. No. 457 Page 6
