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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1579 By: Paxton
AS INTRODUCED
An Act relating to school employees; allowing a
school district board of education to approve certain
leave of absence request; requirin g requesting
employee to provide certain proof; requiring leave of
absence to have certain beginning and end dates;
providing for type of leave to be granted;
prohibiting the maintenance of certain benefits
during certain leave; allowing certain employee
position to be maintained without accrual of certain
leave or accumulation of certain service credit;
requiring employee to agree in writin g to return to
certain position for certain time period; providing
for reimbursement of certain expenses; prohibiting
certain employee from accessing certain school
district space, equipment, and supplies; directing an
association that serves as certain or ganization that
fails to comply with certain provisions to no longer
be recognized; providing for codification; provid ing
an effective date; 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 Statutes as Section 509.12 of Title 70, unless there
is created a duplication in numbering, reads a s follows:
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A. A school district board of education may approve a request
from a school district employee for a leave of absence to hold
office as an officer, director, trustee , or agent of a nation al,
statewide, or school district employee association . The employee
requesting the leave shall provide the school district
superintendent with proof of election and proof of the term of
office for the national, statewide, or school district employee
association. Proof of election shall include but not be limited to
certification by the national, statewide, or school district
employee association of the date of the election and the results of
the election. Board of education approval for leave requested
pursuant to this section shall have definitive begin ning and end
dates.
B. Leave granted pursuant to this section shall be leave
without pay. The school employee on leave shall not be entitled to
maintain any benefits granted by the school district regar dless of
whether the benefit is paid by the employee on leave or the
association for which the person is serving as an officer, director,
trustee, or agent.
C. During the leave period, the school employee's position with
the school district shall be maint ained without advancement on the
minimum salary schedu le adopted pursuant to Section 5 -141 of Title
70 of the Oklahoma Statutes and with no accrual of sick leave,
personal business leave, or personal leave. The employee on leave
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shall not accumulate servi ce credit within the Teachers' Retirement
System of Oklahoma. Following the term of leave granted pursuant to
the provisions of this section, the employee granted leave may
return to his or her former position or a comparable position.
D. Leave shall only be granted pursuant to this section if the
school employee agrees in writing that he or she will return to the
school district, immediately following the leave of absence, for a
period of time at least equal to the period of leave granted. Prior
to the employee's return to the school district , the employee or the
association to which he or she was elected shall reimburse the
school district for any additional expenses incurred in staffing the
position while the employee was on leave.
E. A school district employee granted leave pursuant to the
provisions of this section shall be prohibited from accessing school
district office space, equipment, or supplies .
F. If a national, statewide, or school district employee
association that serves as a school distr ict employee organization
established pursuant to Sect ion 509.2 of Title 70 of the Oklahoma
Statutes fails to comply with the provisions of this section , the
school district board of education shall no long er recognize the
organization as a representative of employees.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for t he preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reas on whereof this act shall take effect and
be in full force from and after its passage and approval.
58-2-3123 EB 1/20/2022 12:20:42 PM