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Oklahoma House Bill HB1615

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1615 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 58th Legislature (2021)
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3232 HOUSE BILL 1615 By: Bennett
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3838 AS INTRODUCED
3939
4040 An Act relating to labor; defining terms; providing
4141 criteria for family and medical leave insurance
4242 benefits; providing for maximum numb er of weeks
4343 allowed; providing for waiting period; providing for
4444 determination of family and medical leave insurance
4545 benefits; authorizing payroll contributions;
4646 providing for ratio amounts of contribution; allowing
4747 intermittent or reduced leave schedule; providing for
4848 restoration of position; requiring employer to
4949 maintain health care benefits; making certain acts
5050 unlawful; prohibiting retaliatory action; providing
5151 certain leave run concurrently with federal leave;
5252 prohibiting diminishment of certain right s; requiring
5353 certain written notice from employer; establishing
5454 system for appeals; providing for judicial review;
5555 providing for disqualification of certain
5656 individuals; authorizing repayment of benefits based
5757 on misrepresentation; allowing certain persons
5858 coverage for time certain; requiring Depart ment of
5959 Labor to administer program ; authorizing adoption of
6060 rules; providing for tax implications; creating the
6161 Family and Medical Leave Insurance Fund; requiring
6262 certain report to Legislature; directing Departm ent
6363 of Labor to conduct public education campaign;
6464 encouraging use of state data collection and
6565 technology; providing for codification; and providing
6666 an effective date.
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7272 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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9999 SECTION 1. NEW LAW A new section of law to be codified
100100 in the Oklahoma Statutes as Section 901 of Title 40, unless there is
101101 created a duplication in numbering, reads as follows:
102102 As used in this act:
103103 1. "Application year" is the twelve-month period beginning on
104104 the first day of the calendar week in which an individual files an
105105 application for family and medical leave insurance benefits;
106106 2. "Covered active duty" is as defined in Section 101(14) of
107107 the Family and Medical Leave Act, 29 U.S.C. 2611(14);
108108 3. "Covered individual" is any person who:
109109 a. worked for twenty (20) calendar weeks for any employer
110110 during the twelve-month period prior to submitting an
111111 application, or
112112 b. earned one thousand (1,000) times the state minimum
113113 wage from work during the twelve -month period prior to
114114 submitting an application, or
115115 c. is self-employed, elects coverage and meets the
116116 requirements of Section 13 of this act, and
117117 d. meets the administrative requirements outlined in this
118118 act and in regulations, and
119119 e. submits an application.
120120 4. "Covered servicemember " is as defined in Section 101(15) of
121121 the Family and Medical Leave Act, 29 U.S.C., Section 2611(15);
122122 5. "Department" is the Department of Labor;
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149149 6. "Director" is the Director of the Department;
150150 7. "Employee" is as defined in Section 197.4 of Title 40 of the
151151 Oklahoma Statutes;
152152 8. "Employer" is as defined in Section 197.4 of Title 40 of the
153153 Oklahoma Statutes;
154154 9. "Family and medical leave insurance benefits " are the
155155 benefits provided under the terms of this act;
156156 10. "Family member" is:
157157 a. regardless of age, a biological, adopted or foster
158158 child, stepchild or legal ward, a child of a domestic
159159 partner, a child to whom the covered ind ividual stands
160160 in loco parentis or a person to whom the covered
161161 individual stood in loco parent is when the person was
162162 a minor,
163163 b. a biological, adoptive or foster parent, stepparent or
164164 legal guardian of a covered individual or a covered
165165 individual's spouse or domestic partner or a person
166166 who stood in loco parentis when the covered individual
167167 or the covered individual's spouse or domestic partner
168168 was a minor child,
169169 c. a person to whom the covered individual is legally
170170 married under the laws of any state or a domestic
171171 partner of a covered individual as registered under
172172 the laws of any state or politica l subdivision,
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199199 d. a grandparent, grandchild or sibling, whether a
200200 biological, foster, adoptive or step relationship, of
201201 the covered individual or the covered individual 's
202202 spouse or domestic partner, or
203203 e. a designated person which shall mean one additional
204204 person designated by a covered individual for whom the
205205 covered individual will provide care under this act if
206206 the designated person has a serious health condition;
207207 11. "Health care provider " is any person licensed under federal
208208 or state law to provide me dical or emergency services, including,
209209 but not limited to, doctors, nurs es and emergency room personnel or
210210 certified midwives;
211211 12. "Next of kin" is as defined in Section 101(17) of the
212212 Family and Medical Leave Act, 29 U.S.C. 2611(17);
213213 13. "Qualifying exigency leave" is leave for the family member
214214 of a military member for the purposes specified in subsections (i)
215215 through (iv) of 29 C.F.R. 825.126(b)(3) and subsections (i) through
216216 (iv) of 29 C.F.R. 825.126(b)(8), as well as the following reasons:
217217 a. to address any issue that arises from the fact that
218218 the military member is notified of an impending call
219219 or order to covered active duty seven (7) or less
220220 calendar days prior to the date of deployment. Leave
221221 taken for this purpose can be used for a period of
222222 seven (7) calendar days beginning on the date the
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249249 military member is notified of an impending call or
250250 order to covered active duty,
251251 b. to attend any official ceremony, program or event
252252 sponsored by the military that is related to the
253253 covered active duty or c all to covered active duty
254254 status of the military member,
255255 c. to attend family support or assistance programs and
256256 informational briefings sponsored or promoted by the
257257 military, military service organizations or the
258258 American Red Cross that are related to the covered
259259 active duty or call to covered active duty status of
260260 the military member,
261261 d. to make or update financial or legal arrangements to
262262 address the military member 's absence while on covered
263263 active duty or call to covered active duty status,
264264 such as preparing and executing financial and health
265265 care powers of attorney, transferring bank account
266266 signature authority, enrolling in the Defense
267267 Enrollment Eligibility Reporting System (DEERS),
268268 obtaining military identification cards or preparing
269269 or updating a will or living trust,
270270 e. to act as the military member 's representative before
271271 a federal, state or local agency for purposes of
272272 obtaining, arranging or appealing military service
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299299 benefits while the military member is on covered
300300 active duty or call to covere d active duty status, and
301301 for a period of ninety (90) days following the
302302 termination of the military member 's covered active
303303 duty status,
304304 f. to attend counseling provided by someone other than a
305305 health care provider, for oneself, for the military
306306 member, or for the biological, adopted or foster
307307 child, stepchild or legal ward of the military member,
308308 a child of the military member 's domestic partner or a
309309 child to whom the military member stands in loco
310310 parentis, provided that the need for counseling arises
311311 from the covered active duty or call to covered active
312312 duty status of the military member,
313313 g. to spend time with the military member who is on
314314 short-term, temporary, Rest and Recuperation leave
315315 during the period of deployment. Leave taken for this
316316 purpose can be used for a period of fifteen (15)
317317 calendar days beginning on the date the military
318318 member commences each instance of Rest and
319319 Recuperation leave,
320320 h. to attend arrival ceremonies, reintegration briefings
321321 and events and any other official ceremony or p rogram
322322 sponsored by the military for a period of ninety (90)
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349349 days following the termination of the military
350350 member's covered active duty status,
351351 i. to address issues that arise from the death of the
352352 military member while on covered active duty status,
353353 such as meeting and recovering the body of the
354354 military member, making funeral arrangements and
355355 attending funeral services,
356356 j. to address other events which arise out of the
357357 military member's covered active duty or call to
358358 covered active duty status, provided that the employer
359359 and employee agree that such leave shall qualify as an
360360 exigency and agree to both the timing and duration of
361361 such leave;
362362 14. "Retaliatory personnel action " means denial of any right
363363 guaranteed under this act, including, but not limited t o, any
364364 threat, discharge, suspension, demotion, reduction of hours, any
365365 other adverse action against an employee for the exercise of any
366366 right guaranteed herein, or reporting or threatening to report an
367367 employee's suspected citizenship or immigration statu s or the
368368 suspected citizenship or immigration status of a family member of
369369 the employee to a federal, state or local agency. Retaliatory
370370 personnel actions shall also include interference with or punishment
371371 for an investigation, proceeding or hearing under this act; and
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398398 15. "Serious health condition " is an illness, injury,
399399 impairment, pregnancy, recovery from childbirth, or physical or
400400 mental condition that involves inpatient care in a hospital, hospice
401401 or residential medical care facility, or continuing t reatment by a
402402 health care provider.
403403 SECTION 2. NEW LAW A new section of law to be codified
404404 in the Oklahoma Statutes as Section 902 of Title 40, unless there is
405405 created a duplication in numbering, reads as follows:
406406 Beginning twelve (12) months following establishment of the
407407 Family and Medical Leave Insurance Program, family and medical leave
408408 insurance benefits are payable to an individual who:
409409 1. Meets the definition of "covered individual" under Section 1
410410 of this act; and
411411 2. Meets one of the following requirements:
412412 a. because of birth, adoption or placement through foster
413413 care, is caring for a new child during the first year
414414 after the birth, adoption or placement of that child,
415415 b. is caring for a family member with a serious health
416416 condition,
417417 c. has a serious health condition, including pregnancy,
418418 that makes the covered individual unable to perform
419419 the functions of the position of such employee,
420420 d. is caring for a covered servicemember who is the
421421 covered individual's next of kin,
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448448 e. because of any qualifying exigency leave arising out
449449 of the fact that the family member of the covered
450450 individual is on covered active duty or has been
451451 notified of an impending call or order to covered
452452 active duty in the Armed Forces, or
453453 f. any reason set forth in this act.
454454 SECTION 3. NEW LAW A new section of law to be codified
455455 in the Oklahoma Statutes as Section 903 of Title 40, unless there is
456456 created a duplication in numbering, reads as follows:
457457 A. 1. The maximum number of weeks during which family and
458458 medical leave insurance benefits are payable under subparagraph c of
459459 paragraph 2 of Section 2 of this act in an application year is eight
460460 (8) weeks.
461461 2. The maximum number of weeks during which family and medical
462462 leave insurance benefits are payable under subparagraph a, b, d or e
463463 of paragraph 2 of Section 2 of this act in an application year is
464464 four (4) weeks.
465465 3. A covered individual is eligible for eight (8) weeks of
466466 leave under paragraph 1 of this subsection and also four (4) we eks
467467 of leave under paragraph 2 of this subsection in an application
468468 year.
469469 B. Family and medical leave insurance benefits are not payable
470470 for the first five (5) calendar days in an application year that a
471471 covered individual meets the eligibility requiremen ts of paragraphs
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498498 1 and 2 of Section 2 of this act. This shall be known as the
499499 waiting period referred to in paragraph 3 of this section.
500500 C. If the covered individual uses ten (10) or more days of
501501 family and medical leave insurance benefits in an applicat ion year,
502502 the covered individual shall be paid for the waiting period. The
503503 waiting period need only be served once every application year.
504504 D. The first payment of benefits must be made to an individual
505505 within four (4) weeks after the claim is filed and s ubsequent
506506 payments must be made semimonthly thereafter.
507507 SECTION 4. NEW LAW A new section of law to be codified
508508 in the Oklahoma Statutes as Section 904 of Title 40, unless there is
509509 created a duplication in numbering, reads as follows :
510510 A. The amount of family and medical leave insurance benefits
511511 shall be determined as follows:
512512 1. The weekly benefit shall be fifty percent (50%) of the
513513 covered individual's average weekly wages during the twelve (12)
514514 months preceding submission of th e application or the average weekly
515515 wages during the time the covered individual worked if it was less
516516 than twelve (12) month s up to a maximum of fifty percent (50%) of
517517 the statewide average weekly wage; or
518518 2. In no case shall the weekly benefit be less than Five
519519 Hundred Dollars ($500.00).
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546546 B. Family and medical leave insurance benefits are not payable
547547 for less than eight (8) hours of family and medical leave taken in
548548 one workweek.
549549 SECTION 5. NEW LAW A new section of law to be codified
550550 in the Oklahoma Statutes as Section 905 of Title 40, unless there is
551551 created a duplication in numbering, reads as follows:
552552 A. Payroll contributions shall be authorized in order to
553553 finance the payment of benefits under the family and medical leave
554554 insurance program.
555555 B. Payroll contributions shall be paid by employers and
556556 employees in the ratio of 1:1 in an amount to be determined by the
557557 State Treasurer. The State Treasurer shall be responsible for
558558 evaluating and determining on an annual basis the amount of payroll
559559 contributions and maximum employee contribution s necessary to
560560 finance the family and medical leave insurance benefits program.
561561 SECTION 6. NEW LAW A new section of law to be codified
562562 in the Oklahoma Statutes as Section 906 of Title 40, unless there is
563563 created a duplication in numbering, reads as follows:
564564 A. A covered individual shall be entitled, at the option of the
565565 covered individual, to take paid family and medical leave on an
566566 intermittent or reduced leave schedule in w hich all of the leave
567567 authorized under this act is not taken sequentially. Family and
568568 medical leave insurance benefits for intermittent or reduced leave
569569 schedules shall be prorated.
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596596 B. The covered individual shall make a reasonable effort to
597597 schedule paid family and medical leave under this section so as not
598598 to unduly disrupt the operations of the employer. The covered
599599 individual shall provide the employer with prior notice of the
600600 schedule on which the covered individual will be taking the leave,
601601 to the extent practicable. Paid family and medical leave taken
602602 under this section shall not result in a reduction of the total
603603 amount of leave to which an employee is entitled beyond the amount
604604 of leave actually taken.
605605 C. Nothing in this section shall be constr ued to entitle a
606606 covered individual to more leave than required under Section 3 of
607607 this act.
608608 SECTION 7. NEW LAW A new section of law to be codified
609609 in the Oklahoma Statutes as Section 907 of Title 40, unless there is
610610 created a duplication in numbering, reads as follows:
611611 A. Any covered individual who exercises his or her right to
612612 family and medical leave insurance benefits or earns waiting period
613613 credits under paragraph 3 of subsection A of Section 3 of this act
614614 shall, upon the expir ation of that leave, be entitled to be restored
615615 by the employer to the position held by the covered indi vidual when
616616 the leave commenced or to a position with equivalent seniority,
617617 status, employment benefits, pay and other terms and conditions of
618618 employment, including fringe benefits and service credits that the
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645645 covered individual had been entitled to at the commencement of
646646 leave.
647647 B. During any leave taken pursuant to Section 2 of this act,
648648 the employer shall maintain any health care benefits the covered
649649 individual had prior to taking such leave for the duration of the
650650 leave as if the covered individual had continued in employment
651651 continuously from the date he or she commenced the leave until the
652652 date the family and medical leave insurance benefits terminat e;
653653 provided, however, that the covered individual shall continue to pay
654654 the covered individual 's share of the cost of health benefits as
655655 required prior to the commencement of the leave.
656656 SECTION 8. NEW LAW A new section of law to be codified
657657 in the Oklahoma Statutes as Section 908 of Title 40, unless there is
658658 created a duplication in numbering, reads as follows:
659659 A. It shall be unlawful for an employer or any other person to
660660 interfere with, restrain, or deny the exercise of, or th e attempt to
661661 exercise any right protected under this act.
662662 B. An employer, temporary help company, employment agency,
663663 employee organization or other person shall not take retaliatory
664664 personnel action or otherwise discriminate against a person because
665665 he or she exercised rights protected under this act. Such rights
666666 include, but are not limited to, the right to request, file for,
667667 apply for or use benefits provided for under this act; communicate
668668 to the employer or any other person or entity an intent to file a
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695695 claim, a complaint with the Department of Labor or courts, or an
696696 appeal, or has testified or is about to testify or has assisted in
697697 any investigation, hearing or proceeding under this act, at any
698698 time, including during the waiting period and the period in w hich
699699 the person receives family and medical leave insurance benefits
700700 under this act; inform any person about any employer 's alleged
701701 violation of this act; and the right to inform any person of his or
702702 her rights under this act.
703703 C. It shall be unlawful for an employer's absence control
704704 policy to count paid family and medical leave taken under this act
705705 as an absence that may lead to or result in discipline, discharge,
706706 demotion, suspension or any other adverse action.
707707 D. Protections of this section shall appl y to any person who
708708 mistakenly but in good faith alleges violations of this act.
709709 SECTION 9. NEW LAW A new section of law to be codified
710710 in the Oklahoma Statutes as Section 909 of Title 40, unless there is
711711 created a duplication in nu mbering, reads as follows:
712712 A. 1. Leave taken with wage replacement under this act that
713713 also qualifies as leave under the federal Family and Medical Leave
714714 Act (FMLA) shall run concurrently with leave taken under the federal
715715 FMLA.
716716 2. An employer may requi re that payment made pursuant to this
717717 act be made concurrently or otherwise coordinated with payment made
718718 or leave allowed under the terms of disability or family care leave
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745745 under a collective bargaining agreement or employer policy. The
746746 employer must give employees written notice of this requirement.
747747 B. 1. This act shall not diminish an employer 's obligation to
748748 comply with any of the following that provide more generous leave:
749749 a. a collective bargaining agreement,
750750 b. an employer policy, or
751751 c. any law.
752752 2. An individual's right to leave under this act may not be
753753 diminished by a collective bargaining agreement entered into or
754754 renewed, or an employer policy adopted or retained, after the
755755 effective date of this act. Any agreement by an individual to waive
756756 his or her rights under this act is void as against public policy.
757757 SECTION 10. NEW LAW A new section of law to be codified
758758 in the Oklahoma Statutes as Section 910 of Title 40, unless there is
759759 created a duplication in numbering, reads as follows:
760760 A. Each employer shall provide written notice to each employee
761761 upon hiring and annually thereafter. An employer shall also provide
762762 written notice to an employee when the employe e requests leave under
763763 this act or when the employer acquires kno wledge that an employee 's
764764 leave may be for a qualifying reason under paragraph 2 of Section 2
765765 of this act. Such notice shall include:
766766 1. The employee's right to family and medical leave insurance
767767 benefits under this act and the terms under which it may b e used;
768768 2. The amount of family and medical leave insurance benefits;
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795795 3. The procedure for filing a claim for benefits;
796796 4. The procedure for selecting a designated person as defined
797797 in this act;
798798 5. The right to job protection and benefits continuation under
799799 Section 7 of this act;
800800 6. That discrimination and retaliatory personnel actions
801801 against a person for requesting, applying for or using family and
802802 medical leave insurance benefits are prohibited under Section 8 of
803803 this act; and
804804 7. That the employee has a right to file a complaint for
805805 violations of this act.
806806 An employer shall also display and maintain a poster in a
807807 conspicuous place accessible to employees at the employer 's place of
808808 business that contains the information required by this section in
809809 English, and any language that is the first language spoken by at
810810 least thirty percent (30%) of the employer 's workforce, provided
811811 that such notice has been provided by the Department of Labor. The
812812 Director of the Departments may adopt regulations to establ ish
813813 additional requirements concerning the means by which employers
814814 shall provide such notice.
815815 B. An employer may establish a uniform process for employees to
816816 select a designated person as defined in this act within thirty (30)
817817 days of the individual 's date of hire. Thereafter, the employer
818818 must permit the employee to make or change such a designation, as
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845845 applicable, on an annual basis. If an employer establishes a
846846 uniform process, the covered employee must make such a designation
847847 using the employer's process. If an employer does not establish
848848 such a uniform process, the employee may make such a designation
849849 when filing a claim for benefits.
850850 C. Employees shall provide notice to their employers as soon as
851851 practicable of their intention to take leave under this act.
852852 SECTION 11. NEW LAW A new section of law to be codified
853853 in the Oklahoma Statutes as Section 911 of Title 40, unless there is
854854 created a duplication in numbering, reads as follows:
855855 A. The Director of the Department of Labor shall establish a
856856 system for appeals in the case of a denial of family and medical
857857 leave insurance benefits. In establishing such system, the Director
858858 may utilize any and all procedures and appeals mechanisms
859859 established under the Employment Security Act of 1980.
860860 B. Judicial review of any decision with respect to family and
861861 medical leave insurance benefits shall be permitted in a court of
862862 competent jurisdiction after a party aggrieved thereby has exhausted
863863 all administrative remedies established by the D irector.
864864 C. The Director shall implement procedures to ensure
865865 confidentiality of all information related to any claims filed or
866866 appeals taken to the maximum extent permitted by applicable laws.
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893893 SECTION 12. NEW LAW A new section of l aw to be codified
894894 in the Oklahoma Statutes as Section 912 of Title 40, unless there is
895895 created a duplication in numbering, reads as follows:
896896 A. A covered individual is disqualified from family and medical
897897 leave insurance benefits for one (1) year if the i ndividual is
898898 determined by the Director of the Department of Labor to have
899899 willfully made a false statement or misrepresentation regarding a
900900 material fact, or willfully failed to report a material fact, to
901901 obtain benefits under this act.
902902 B. If family and medical leave insurance benefits are paid
903903 erroneously or as a result of willful misre presentation or if a
904904 claim for family and medical leave insurance benefits is rejected
905905 after benefits are paid, the Department may seek repayment of
906906 benefits from the reci pient. The Director shall exercise his or her
907907 discretion to waive, in whole or in part, the amount of any such
908908 payments where the recovery would be against equity and good
909909 conscience.
910910 SECTION 13. NEW LAW A new section of law to be c odified
911911 in the Oklahoma Statutes as Section 913 of Title 40, unless there is
912912 created a duplication in numbering, reads as follows:
913913 A. A self-employed person, including a sole proprietor, partner
914914 or joint venturer, may elect coverage under this act for an initial
915915 period of not less than three (3) years. The self -employed person
916916 must file a notice of election in writing with the Director of the
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943943 Department of Labor, as required by the Department of Labor. The
944944 election becomes effective on the date of filing the notice. As a
945945 condition of election, the self -employed person must agree to supply
946946 any information concerning income that the Department deems
947947 necessary.
948948 B. A self-employed person who has elected coverage may withdraw
949949 from coverage within thirty (30) days after the end of the three -
950950 year period of coverage, or at such other times as the Director may
951951 prescribe by rule, by filing written notice with the Director, such
952952 withdrawal to take effect not sooner than thirty (30) days after
953953 filing the notice.
954954 SECTION 14. NEW LAW A new section of law to be codified
955955 in the Oklahoma Statutes as Section 914 of Title 40, unless there is
956956 created a duplication in numbering, reads as follows:
957957 A. Within twelve (12) months of the effective date of th is act,
958958 the Department of Labor shall establish and administer a family and
959959 medical leave insurance program and within twelve (12) months
960960 following establishment of the program pay family and medical leave
961961 insurance benefits as specified in this act.
962962 B. The Department shall establish reasonable procedures and
963963 forms for filing claims for benefits under this act and shall
964964 specify what supporting documentation is necessary to support a
965965 claim for benefits, including any documentation required from a
966966 health care provider for proof of a serious health condition.
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993993 C. The Department shall notify the employer within five (5)
994994 business days of a claim being filed pursuant to this act.
995995 D. The Department shall use information sharing and integration
996996 technology to facilitate the disclosure of relevant information or
997997 records so long as an individual consents to the disclosure as
998998 required under state law.
999999 E. Information contained in the files and records pertaining to
10001000 an individual under this act are confidential an d not open to public
10011001 inspection other than to public employees in the performance of
10021002 their official duties. However, the individual or an authorized
10031003 representative of an individual may review the records or receive
10041004 specific information from the records upon the presentation of the
10051005 individual's signed authorization.
10061006 F. The Director shall adopt rules as necessary to implement
10071007 this act.
10081008 SECTION 15. NEW LAW A new section of law to be codified
10091009 in the Oklahoma Statutes as Section 915 of Title 4 0, unless there is
10101010 created a duplication in numbering, reads as follows:
10111011 A. If the Internal Revenue Service determines that family and
10121012 medical leave insurance benefits under this act are subject to
10131013 federal income tax, the Department of Labor shall advise an
10141014 individual filing a new claim for family and medical leave insurance
10151015 benefits, at the time of filing such claim, that:
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10421042 1. The Internal Revenue Service has determined that benefits
10431043 are subject to federal income tax;
10441044 2. Requirements exist pertaining to estimated tax payments;
10451045 3. The individual may elect to have federal income tax deducted
10461046 and withheld from the individual 's payment of benefits in the amount
10471047 specified in the federal Internal Revenue Code; and
10481048 4. The individual is permitted to change a pr eviously elected
10491049 withholding status.
10501050 B. If the individual elects to have federal tax payments
10511051 withheld, the Department shall deduct and withhold the amount
10521052 specified in the Internal Revenue Code in a manner consistent with
10531053 [laws of the state], and amounts deducted and withheld from benefits
10541054 must remain in the Family and Medical Leave Insurance Fund
10551055 established in Section 16 of this act until transferred to the
10561056 federal taxing authority as a payment of income tax.
10571057 C. The Director shall follow all procedures specified by the
10581058 Internal Revenue Service pertaining to the deducting and withholding
10591059 of income tax.
10601060 SECTION 16. NEW LAW A new section of law to be codified
10611061 in the Oklahoma Statutes as Section 916 of Title 40, unless there is
10621062 created a duplication in numbering, reads as follows:
10631063 A. The Family and Medical Leave Insurance Fund is created in
10641064 the custody of the State Treasurer. Expenditures from the fund may
10651065 be used only for the purposes of the family and medical leave
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10921092 insurance benefits program. Only the Director of the Department of
10931093 Labor or the Director's designee may authorize expenditures from the
10941094 fund.
10951095 B. Whenever, in the judgment of the State Treasurer, there
10961096 shall be in the Family and Medical Leave Insurance Fund an amount of
10971097 funds in excess of that amount deemed by the State Treasurer to be
10981098 sufficient to meet the current expenditures properly payable
10991099 therefrom, the State Treasurer shall have full power to invest,
11001100 reinvest, manage, contract, sell or exchange investments acquire d
11011101 with such excess funds in the manner prescribed by state law.
11021102 SECTION 17. NEW LAW A new section of law to be codified
11031103 in the Oklahoma Statutes as Section 917 of Title 40, unless there is
11041104 created a duplication in numbering, reads as follows:
11051105 Beginning January 1, 2021, the Department shall report to the
11061106 Legislature by September 1 of each year on projected and actual
11071107 program participation by paragraph 2 of Section 2 of this act
11081108 purpose, gender of beneficiary, premium rates, fund balanc es,
11091109 outreach efforts, and, for leaves taken under subparagraph b of
11101110 paragraph 2 of Section 2 of this act, including the family members
11111111 for whom leave was taken to provide care.
11121112 SECTION 18. NEW LAW A new section of law to be codified
11131113 in the Oklahoma Statutes as Section 918 of Title 40, unless there is
11141114 created a duplication in numbering, reads as follows:
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11411141 The Department of Labor shall conduct a public education
11421142 campaign to inform workers and employers regarding the availability
11431143 of family and medical leave insurance benefits. The Department of
11441144 Labor may use ten percent (10%) of the funds collected for the
11451145 family and medical leave insurance benefits program in a given year
11461146 to pay for the public education program. Outreach information sha ll
11471147 be available in English and other languages spoken by more than
11481148 thirty percent (30%) of the state 's population.
11491149 SECTION 19. NEW LAW A new section of law to be codified
11501150 in the Oklahoma Statutes as Section 919 of Title 40, unless th ere is
11511151 created a duplication in numbering, reads as follows:
11521152 The Department of Labor is encouraged to use state data
11531153 collection and technology to the extent possible and to integrate
11541154 the family and medical leave benefits program with existing state
11551155 policies.
11561156 SECTION 20. This act shall become effective November 1, 2021.
11571157
11581158 58-1-6041 LRB 12/22/20