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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1157 By: Dahm
AS INTRODUCED
An Act relating to unemployment benefits; stating
eligibility for individuals terminated due to vaccine
status; providing date for retroactive eligibility to
claimants; amending 40 O.S. 2021, Section 2-406,
which relates to discharge for mi sconduct; providing
additional exclusion from employment misconduct;
providing for codification; and declaring an
emergency.
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 Statute s as Section 2-211 of Title 40, unless there
is created a duplicati on in numbering, reads as follows:
A. In addition to the eligibility provisions provided by this
act, an individual shall be eligible to receive unemployme nt
benefits, if monetarily and otherwise eligible, if the claimant was
terminated or placed on unpaid leave due to their status of being
unvaccinated or non-compliance with an employer’s vaccine mandate.
B. Any individual found eligible under subsection A of this
section shall be eligible to receive unemployment benefits based on
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a claim filed for a per iod of employment that begins on or after
September 1, 2021.
SECTION 2. AMENDATORY 40 O.S. 2021, Section 2-406, is
amended to read as follow s:
Section 2-406. A. An individual shall be disqualified for
benefits if the individual has been discharged for misconduct
connected with the individual’s last work. If discharged for
misconduct, the employer shall have the burden to prove that the
employee engaged in misconduct as defin ed by this section. Such
burden of proof is satisfied by the employer, or its designated
representative, providing a signed affidavit, or presenting such
other evidence which properly demonstrates the misconduct which
resulted in the discharge. Once this burden is met, the burden t hen
shifts to the discharged employee to prove that the facts are
inaccurate or that the facts as stated do not constitute misconduct
as defined by this section. Disqualification under this section
shall continue for the full p eriod of unemployment next e nsuing
after the employee has been discharged for misconduct connected with
the employee’s work and until such individual has become reemployed
and has earned wages equal to or in excess of ten (10) times the
weekly benefit amount.
B. Acts which constitut e misconduct under this section shall be
limited to the following:
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1. Any intentional act or omission by an employee which
constitutes a material or substantial breach of the employee ’s job
duties or responsibilities or oblig ations pursuant to the employe e’s
employment or contract of employment;
2. Unapproved or excessive absenteei sm or tardiness;
3. Indifference to, breach of or neglect of the duties required
which result in a material or substantial breach of the employe e’s
job duties or responsibiliti es;
4. Acts or omissions tha t place in jeopardy the health, life,
or property of self or others;
5. Dishonesty;
6. Wrongdoing;
7. Violation of a law; or
8. A violation of a policy or rule enacted to ensure orderly
and proper job performance or for the safety of self or others.
C. Non-compliance with an employer’s vaccine mandate shall not
be considered misconduct for the purpose of subsection B of this
section.
D. Any misconduct violation as defined in subsection B of this
section shall not require a prior warning from the emplo yer. As
long as the employee knew, or should have reasonably known, th at a
rule or policy of the employer was violated, the employee shall not
be eligible for benefits.
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D. E. Any finding by a state or federal agency of any failure
by the employee to meet the applicable civil, criminal or
professional standards of the employee ’s profession shall create a
rebuttable presumption of such misconduct, and benefits shall be
denied, unless the employee can show, with clear and c onvincing
evidence, that such misco nduct did not occur, or the Commission
determines that such failure did not constitute misconduct as
defined herein.
SECTION 3. It being immediately necessary for the preservation
of the public peace, he alth or safety, an emergency is here by
declared to exist, by reason whereof this act s hall take effect and
be in full force from and after its passage and approval.
58-2-2354 MR 1/3/2022 11:20:18 AM