Compare Versions - OK SB1157 : Oklahoma 2022 Regular Session

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28	53		STATE OF OKLAHOMA
29	54
30	55		2nd Session of the 58th Legislature (2022)
31	56
32		-	COMMITTEE SUBSTITUTE
33		-	FOR
34		-	SENATE BILL 1157 By: Dahm and Allen of the
35		-	Senate
36		-
37		-	and
38		-
39		-	Roberts (Sean) of the House
	57	+	SENATE BILL 1157 By: Dahm
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44		-	COMMITTEE SUBSTITUTE
	62	+
	63	+	AS INTRODUCED
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46	65		An Act relating to unemployment benefits; stating
47		-	eligibility for individuals terminated due to ~~COVID-~~
48		-	~~19 vaccine~~ status; ~~amending 40 O.S. 2021,~~ ~~Section 2-~~
49		-	406, ~~which relates to discharge for mi sconduct;~~
50		-	providing ~~additional e xclusion from employment~~
51		-	misconduct; ~~updating statutory language; providing~~
52		-	for codification; and declaring an ~~emergency.~~
53		-
	66	+	eligibility for individuals terminated due to vaccine
	67	+	status; providing date for retroactive eligibility to
	68	+	claimants; amending 40 O.S. 2021, Section 2-406,
	69	+	which relates to discharge for mi sconduct; providing
	70	+	additional exclusion from employment misconduct;
	71	+	providing for codification; and declaring an
	72	+	emergency.
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58	77		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	78		SECTION 1. NEW LAW A new section of law to be codified
60	79		in the Oklahoma Statute s as Section 2-211 of Title 40, unless there
61	80		is created a duplicati on in numbering, reads as follows:
62		-	In addition to the eligibility provisions provided by this act,
63		-	an individual may be eligible to receive unemployme nt benefits, if
64		-	monetarily and otherwise eligible, if the claimant was terminated or
65		-	placed on unpaid leave due to his or her status of being
	81	+	A. In addition to the eligibility provisions provided by this
	82	+	act, an individual shall be eligible to receive unemployme nt
	83	+	benefits, if monetarily and otherwise eligible, if the claimant was
	84	+	terminated or placed on unpaid leave due to their status of being
	85	+	unvaccinated or non-compliance with an employer’s vaccine mandate.
	86	+	B. Any individual found eligible under subsection A of this
	87	+	section shall be eligible to receive unemployment benefits based on
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92		-	~~unvaccinated against COVID-19~~ or ~~non-compliance with an employer’s~~
93		-	~~COVID-19 vaccine mandate~~.
	139	+	a claim filed for a per iod of employment that begins on or after
	140	+	September 1, 2021.
94	141		SECTION 2. AMENDATORY 40 O.S. 2021, Section 2-406, is
95	142		amended to read as follow s:
96		-	Section 2-406. ~~DISCHARGE~~ FOR ~~MISCONDUCT.~~
97		-	~~A. An individual shall be disqualified for~~ benefits if the
98		-	individual ~~has been~~ discharged for ~~misconduct connected with th e~~
99		-	~~individual’s last work. If discharged for~~ misconduct, the employer
100		-	~~shall have the burden to prove that the employ ee~~ engaged in
101		-	~~misconduct as defined by this section. Such~~ burden of proof is
102		-	~~satisfied by the employer~~, or ~~its designated representative,~~
103		-	~~providing a signed affidavit, or presenting such~~ other evidence
104		-	~~which properly demonstrates the misconduct which resu lted~~ in the
105		-	~~discharge. Once this burden is met, the burden then~~ shifts to the
106		-	~~discharged employee to prove~~ that the facts ~~are inaccurate or that~~
107		-	~~the facts as stated do not constitute misconduct~~ as defined by this
108		-	~~section. Disqualification under this sect ion~~ shall continue for the
109		-	~~full period of unemployment next ensuing~~ after the employee has been
110		-	~~discharged for misconduct connected with~~ the employee’s work and
111		-	~~until such individual has become reemployed~~ and has earned ~~wa ges~~
112		-	~~equal to or in excess of ten ( 10) times the~~ weekly benefit ~~amou nt~~.
	143	+	Section 2-406. A. An individual shall be disqualified for
	144	+	benefits if the individual has been discharged for misconduct
	145	+	connected with the individual’s last work. If discharged for
	146	+	misconduct, the employer shall have the burden to prove that the
	147	+	employee engaged in misconduct as defin ed by this section. Such
	148	+	burden of proof is satisfied by the employer, or its designated
	149	+	representative, providing a signed affidavit, or presenting such
	150	+	other evidence which properly demonstrates the misconduct which
	151	+	resulted in the discharge. Once this burden is met, the burden t hen
	152	+	shifts to the discharged employee to prove that the facts are
	153	+	inaccurate or that the facts as stated do not constitute misconduct
	154	+	as defined by this section. Disqualification under this section
	155	+	shall continue for the full p eriod of unemployment next e nsuing
	156	+	after the employee has been discharged for misconduct connected with
	157	+	the employee’s work and until such individual has become reemployed
	158	+	and has earned wages equal to or in excess of ten (10) times the
	159	+	weekly benefit amount.
113	160		B. Acts which constitut e misconduct under this section shall be
114	161		limited to the following:
115	162
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141	213		1. Any intentional act or omission by an employee which
142	214		constitutes a material or substantial breach of the employee ’s job
143	215		duties or responsibilities or oblig ations pursuant to the employe e’s
144	216		employment or contract of employment;
145	217		2. Unapproved or excessive absenteei sm or tardiness;
146	218		3. Indifference to, breach of or neglect of the duties required
147	219		which result in a material or substantial breach of the employe e’s
148	220		job duties or responsibiliti es;
149	221		4. Acts or omissions tha t place in jeopardy the health, life,
150	222		or property of self or others;
151	223		5. Dishonesty;
152	224		6. Wrongdoing;
153	225		7. Violation of a law; or
154	226		8. A violation of a policy or rule enacted to ensure orderly
155	227		and proper job performance or for the safety of self or others.
156	228		C. Non-compliance with an employer’s vaccine mandate shall not
157	229		be considered misconduct for the purpose of subsection B of this
158	230		section.
159	231		D. Any misconduct violation as defined in subsection B of this
160	232		section shall not require a prior warning from the emplo yer. As
161	233		long as the employee knew, or should have reasonably known, th at a
162	234		rule or policy of the employer was violated, the employee shall not
163	235		be eligible for benefits.
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190	287		D. E. Any finding by a state or federal agency of any failure
191	288		by the employee to meet the applicable civil, criminal or
192	289		professional standards of the employee ’s profession shall create a
193	290		rebuttable presumption of such misconduct, and benefits shall be
194	291		denied, unless the employee can show, with clear and c onvincing
195		-	evidence, that such misco nduct did not occur, or the ~~Oklahoma~~
196		-	~~Employment Security Commission~~ determines that such failure did not
197		-	~~constitute misconduct as de fined~~ herein.
	292	+	evidence, that such misco nduct did not occur, or the Commission
	293	+	determines that such failure did not constitute misconduct as
	294	+	defined herein.
198	295		SECTION 3. It being immediately necessary for the preservation
199	296		of the public peace, he alth or safety, an emergency is here by
200	297		declared to exist, by reason whereof this act s hall take effect and
201	298		be in full force from and after its passage and approval.
202	299
203		-	58-2-~~3614~~ MR 2/17/2022 11:14:52 AM
	300	+	58-2-2354 MR 1/3/2022 11:20:18 AM

96

-

Section 2-406. ~~DISCHARGE~~ FOR ~~MISCONDUCT.~~

97

-

~~A. An individual shall be disqualified for~~ benefits if the

98

-

individual ~~has been~~ discharged for ~~misconduct connected with th e~~

99

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~~individual’s last work. If discharged for~~ misconduct, the employer

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~~shall have the burden to prove that the employ ee~~ engaged in

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~~misconduct as defined by this section. Such~~ burden of proof is

102

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~~satisfied by the employer~~, or ~~its designated representative,~~

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~~providing a signed affidavit, or presenting such~~ other evidence

104

-

~~which properly demonstrates the misconduct which resu lted~~ in the

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-

~~discharge. Once this burden is met, the burden then~~ shifts to the

106

-

~~discharged employee to prove~~ that the facts ~~are inaccurate or that~~

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-

~~the facts as stated do not constitute misconduct~~ as defined by this

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-

~~section. Disqualification under this sect ion~~ shall continue for the

109

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~~full period of unemployment next ensuing~~ after the employee has been

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~~discharged for misconduct connected with~~ the employee’s work and

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~~until such individual has become reemployed~~ and has earned ~~wa ges~~

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~~equal to or in excess of ten ( 10) times the~~ weekly benefit ~~amou nt~~.

143

+

Section 2-406. A. An individual shall be disqualified for

144

+

benefits if the individual has been discharged for misconduct

145

+

connected with the individual’s last work. If discharged for

146

+

misconduct, the employer shall have the burden to prove that the

147

+

employee engaged in misconduct as defin ed by this section. Such

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+

burden of proof is satisfied by the employer, or its designated

149

+

representative, providing a signed affidavit, or presenting such

150

+

other evidence which properly demonstrates the misconduct which

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+

resulted in the discharge. Once this burden is met, the burden t hen

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+

shifts to the discharged employee to prove that the facts are

153

+

inaccurate or that the facts as stated do not constitute misconduct

154

+

as defined by this section. Disqualification under this section

155

+

shall continue for the full p eriod of unemployment next e nsuing

156

+

after the employee has been discharged for misconduct connected with

157

+

the employee’s work and until such individual has become reemployed

158

+

and has earned wages equal to or in excess of ten (10) times the

159

+

weekly benefit amount.

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1157 Compare Versions