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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 377 By: Hicks
AS INTRODUCED
An Act relating to school support employees ; amending
70 O.S. 2011, Section 6 -104, as amended by Section 1,
Chapter 21, O.S.L. 2017 (70 O. S. Supp. 2020, Section
6-104), which relates to benefits for teachers and
other school personnel ; directing that support
employees be entitled to pay for certain lost time;
updating statutory language; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 6 -104, as
amended by Section 1, Chapter 21, O.S.L. 2017 (70 O.S. Supp. 2020,
Section 6-104), is amended to read as fo llows:
Section 6-104. A. 1. The board of education of each school
district in the state shall provide for sick leave for all teachers
employed in the district and shall pay such teachers the full amount
of their contract salarie s during any absence from their regular
school duties for a period of time and under such conditions as the
board may determine, but not less than the minimum benefits
hereafter specified. Payment for sick leave shall be made on the
basis of the current s alary rate then in effect for the teacher
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receiving the payment. The plan shall provide that a teacher may be
absent from his or her duties due to personal accidental injury,
illness or pregnancy, or accidental injury or illness in the
immediate family without the loss of salary for not to exceed ten
(10) days during each school year, except that said the absence
without loss of salary for teachers employed on an eleven -month
contract shall not exceed eleven (11) days durin g each school year
and for those teachers employed on a twelve-month contract shall not
exceed twelve (12) days during each school year, if said the
contract is for the work period, and not merely for pay purposes.
The right to such leave shall vest at the be ginning of the school
year. Each school district shall provide for all teachers a minimum
of three (3) days for personal business leave, upon the request of
the teacher. Salary deductions for such leave shall not exc eed the
salary level for substitute te achers. Provided further, that these
terms for personal business leave shall not negate any locally
negotiated leave policies which exceed the minimum benefits stated
above. Each school district may provide not more than five (5) days
each year for emergency leave. Each school district wil l determine
the purposes for which emergency leave can be used. Those days
shall not be chargeable to sick leave and will be noncumulative.
Unused sick leave shall be cumulative u p to a total of sixty (60)
days, and cumulative sick leave shall be transfe rable to another
school district or to the Oklahoma School for the Blind or the
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Oklahoma School for the Deaf where the teacher is employed the next
succeeding school year, provided that the number of days transferred
shall not exceed the maximum days permi tted by the receiving school
and that such transferred days shall be used first in case of
illness and, provided further, that if the receiving school pays
teachers for unused sick leave upon retirement or termination o f
contract, then said the payments shall be for only those days
accumulated in the receiving school. The school board of the
sending district shall certify the exact number of days eligible for
transfer.
2. If a teacher is employed at the Oklahoma School fo r the
Blind or the Oklahoma School for the Deaf after July 1, 2017, any
unused sick leave up to a total of sixty (60) days that is
accumulated at a school district prior to such date shall be
transferable.
B. The plan of each school district for sick leav e benefits may
include other terms and conditions, but shall not provide less sick
leave benefits than those prescribed herein. Hospital and medical
proceeds may not be charged against sick leave benefits, but the
proceeds received by the teacher from any insurance provided by the
district for loss of compensable time may be charged against sick
leave benefits. Provided the board of education may provide all or
part of hospital and medical benefits, and sickness, a ccident,
health and life insurance or any of the aforesaid for any or all of
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its employees. On authorization of the teacher, the district may
approve payroll deductions for such teacher ’s portion of the
aforesaid.
C. Each school district shall grant a te acher leave for jury
service or as a witn ess subpoenaed in a criminal, civil or juvenile
proceeding and shall pay the teacher during such service the full,
current contract salary. Provided that the district may deduct any
compensation received for servin g as a juror or witness from the
teacher’s salary during such service.
D. 1. A school district shall also provide for benefits for
personnel other than teachers. Benefits for support personnel
employees shall include provisions for paid sick leave of at least
one (1) day per month of employmen t not to exceed the number of
hours per day for which they are regularly employed cumulative to a
total of sixty (60) days and cumulative sick leave shall be
transferable to another school district where the person is employed
the next succeeding school ye ar; provided, that the number of days
transferred shall not exceed the maximum days permitted by the
receiving district and that such transferred days shall be used
first in case of illness up to a maximum of ten (1 0) transferred
days per school year unles s the local board of education authori zes
the use of additional transferred days during the school year in an
amount set by the board and, provided further, that if the receiving
district pays such person for unused sick leave upon retirement or
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termination of employment, then said the payments shall be for only
those days accumulated in the receiving district. The school board
of the sending district shall certify the exact number of days
eligible for transfer. Ea ch school district shall provide for all
support employees, a minimum of three (3) days for personal business
leave, upon the request of the support employee. Salary deductions
for personal business leave shall not exceed an amount necessary to
cover the costs of services provided to the distric t by the support
employee and shall not ex ceed the salary of the support employee.
The terms for personal business leave provided by this subsection
shall not negate any locally negotiated leave policies which exce ed
the minimum benefits stated above. Pa yment for such leave shall be
calculated with regard to the definition of “support employee”
provided by Section 6 -101.40 of this title. Provided that such
benefits shall not exceed those authorized for teachers he reunder.
2. Support employees, as define d by Section 6-101.40 of this
title, shall be entitled to pay for any time lost when a school
district is closed because of an epidemic or when an order for such
closing has been issued by a health officer authorized by law to
issue the order.
SECTION 2. This act shall becom e effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take effect and
be in full force fro m and after its passage and approval.
58-1-454 EB 1/12/2021 3:59:29 PM