Req. No. 3614 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1157 By: Dahm and Allen of the
Senate
and
Roberts (Sean) of the House
COMMITTEE SUBSTITUTE
An Act relating to unemployment benefits; stating
eligibility for individuals terminated due to COVID-
19 vaccine status; amending 40 O.S. 2021, Section 2-
406, which relates to discharge for mi sconduct;
providing additional e xclusion from employment
misconduct; updating statutory language; 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 duplicat ion in numbering, reads as follows:
In addition to the eligibility provisions provided by this act,
an individual may be eligible to receive unemployme nt benefits, if
monetarily and otherwise eligible, if the claimant was terminated or
placed on unpaid leave due to his or her status of being
Req. No. 3614 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
unvaccinated against COVID-19 or non-compliance with an employer’s
COVID-19 vaccine mandate.
SECTION 2. AMENDATORY 40 O.S. 2021, Section 2-406, is
amended to read as follows:
Section 2-406. DISCHARGE FOR MISCONDUCT.
A. An individual shall be disqualified for benefits if the
individual has been discharged for misconduct connected with th e
individual’s last work. If discharged for misconduct, the employer
shall have the burden to prove that the employ ee engaged in
misconduct as defined 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 resu lted in the
discharge. Once this burden is met, the burden then 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 sect ion shall continue for the
full period of unemployment next ensuing after the employee has been
discharged for misconduct connected with the employee’s work and
until such individual has become reemployed and has earned wa ges
equal to or in excess of ten ( 10) times the weekly benefit amou nt.
B. Acts which constitute misconduct under this section shall be
limited to the following:
Req. No. 3614 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 employee’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 subs tantial breach of the employe e’s
job duties or responsibilities;
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 en acted to ensure orderly
and proper job perfor mance 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 a s 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 employe e shall not
be eligible for benefi ts.
Req. No. 3614 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 c lear and convincing
evidence, that such misco nduct did not occur, or the Oklahoma
Employment Security Commission determines that such failure did not
constitute misconduct as de fined herein.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health 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.
58-2-3614 MR 2/17/2022 11:14:52 AM