Req. No. 492 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
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
1st Session of the 58th Legislature (2021)
SENATE BILL 426 By: Dossett (J.J.)
AS INTRODUCED
An Act relating to labor; creating the Paid Family
Leave Act; providing short title; declaring
legislative findings; author izing Department of Labor
to establish a family temporary disability insurance
program; providing for eligibility of certain
benefits; providing for maximum amount of ben efits;
providing for time frame of benefi ts; providing for
filing of claim for benefits; def ining terms;
providing for benefit period; providing for
determination of eligibility; providing for
penalties; authorizing Department to request certain
medical information; authorizing initial payment of
benefits; authorizing Department to promulgate rul es;
requiring certain information be made accessible;
providing for certificate of eligibility; providing
for confidentiality of records; providing for payment
and rate of contributions by workers; creatin g a
Disability Trust Fund for the Department; provi ding
for codification; and providing an effective date.
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 901 of Title 40, u nless there is
created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Paid Family
Leave Act”.
Req. No. 492 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. The Legislature finds the following:
1. It is in the public benefit to provide family temporary
disability insurance benefits to workers to care for their family
members. The need for family temporary disability insurance
benefits has intensified as the participation o f both parents in the
workforce has increased, and the number of single parents in the
workforce has grown. The need for partial wage replacement for
workers taking family care leave will be exacerbated as the
population of those needing care, both childr en and parents of
workers, increases in relation to the number of working -age adults;
2. Developing systems that help families adapt to the competing
interests of work and home not only benefits workers, but also
benefits employers by increasing worker pr oductivity and reducin g
employee turnover;
3. The majority of workers in this state are un able to take
family care leave because they are unable to afford leave without
pay. When workers do not receive some form of wage replacement
during family care lea ve, families suffer from the worker ’s loss of
income, increasing the demand on the state un employment insurance
system and dependenc e on the state’s welfare system; and
4. It is the intent of the Legislature to create a family
temporary disability insuran ce program to help reconcile the demands
of work and family. The family temporary disabili ty insurance
program shall be established by the Department of Labor and shall be
Req. No. 492 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
funded through employee contributions . The program shall be
administered in accordance wit h the policies of the state disa bility
insurance program created pursuant to this a ct. Initial and ongoing
administrative costs associated with the family temporary disability
insurance program shall be payable from the Disability Trust Fund.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 902 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. The Department of Labor shall establish a family temporary
disability insurance program. Family temporary disability insurance
shall provide up to six (6) weeks of wage replacement benefits to
workers who take time off work to care for a seriously ill child,
spouse, parent, grandparent, grandchild, sibling or domestic
partner, or to bond with a mi nor child within one year of the birth
or placement of the child in connection with foster care or
adoption.
B. An individual shall be eligible to receive family temporary
disability insurance benefits equal to sixty -five percent (65%) of
his or her weekly wage amount for each full day during which he or
she is unable to work due to caring for a seriously ill or injured
family member or bonding with a minor child within one year of the
birth or placement of the child in con nection with foster care or
adoption.
Req. No. 492 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. The maximum amount payable to an individua l during any
disability benefit period for family temporary disability insurance
shall be six (6) times his or her weekly benefit amount, but in no
case shall the total amo unt of benefits payable be more t han the
total wages paid to the individual during h is or her disability base
period. If the benefit is not a multiple of One Dollar ($1.00), it
shall be computed to the next higher multiple of One Dollar ($1.00).
D. No more than six (6) weeks of family temporary disability
insurance benefits shall be pai d within any twelve-month period.
E. An individual shall file a claim for family temporary
disability insurance benefits not later than the forty -first
consecutive day following the first compensable day with respect to
which the claim is made for benefit s, which time shall be extended
by the Department upon a showing of good cause. If a first claim is
not complete, the claim form shall be returned to the claimant for
completion and it shall be completed and returned not later than the
tenth consecutive day after the date it was mailed by the Department
to the claimant, except that such time shall be extended by the
Department upon a showing of good cause.
SECTION 3. NEW LAW A new s ection of law to be codified
in the Oklahoma Statut es as Section 903 of Title 40, unless there is
created a duplication in numbering, reads as follows:
As used in the Paid Family Leave Act:
Req. No. 492 Page 5 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. “Care recipient” means the family member who is receiving
care for a serious health condition or the new child wi th whom the
care provider is bonding;
2. “Care provider” means the family member who is providing the
required care for a serious health condition or the family member
who is bonding with the new child;
3. “Child” means a biological, adopted or foster son or
daughter, a stepson or stepdaughter, a legal ward, a son or daughter
of a domestic partner or the person to whom the employee stands in
loco parentis;
4. “Department” means the “Department of Labor”;
5. “Family care leave” means any of the following :
a. leave to bond with a minor child within the first year
of the child’s birth or placement in connection with
foster care or adoption, or
b. leave to care for a child, parent, grandparent,
grandchild, sibling, spouse or domestic partner who
has a serious health condition;
6. “Family member” means child, parent, grandparent,
grandchild, sibling, spouse or domestic partner as defined in this
section;
7. “Grandchild” means a child of the employee ’s child;
8. “Grandparent” means a parent of the employee ’s parent;
Req. No. 492 Page 6 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
9. “Parent” means a biological, foster or adoptive parent, a
parent-in-law, a stepparent, a legal guardian or other person who
stood in loco parentis to the employee when the employee was a
child;
10. “Parent-in-law” means the parent of a spouse or a domestic
partner;
11. “Serious health condition ” means an illness, injury,
impairment, or physical or mental condition that involves inpatient
care in a hospital, hospice or residential health care facility, or
continuing treatment or continuing sup ervision by a health care
provider;
12. “Sibling” means a person related to another person by
blood, adoption or affinity through a co mmon biological or legal
parent;
13. “Spouse” means a partner to a lawful marriage;
14. “Valid claim” means any claim for family temporary
disability insurance benefits made in accordance with the provisions
of this code, and any rules and regulations adopted thereunder, if
the individual claiming benefits is unemployed a nd has been paid the
necessary wages in employment f or employers to qualify for benefits
and is caring for a seriously ill family member, or bonding with a
minor child during the first year after the birth or placeme nt of
the child in connecti on with foster care or adoption; and
Req. No. 492 Page 7 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
15. “Twelve-month period,” with respect to any individual,
means the three hundred sixty-five (365) consecutive days that begin
with the first day the individual first establishes a valid cla im
for family temporary disability benef its.
SECTION 4. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Section 904 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. “Disability benefit period ” with respect to any individual
means the period of unemployment begin ning with the first day an
individual establishes a valid claim for family temporary disability
insurance benefits to care fo r a seriously ill family member or to
bond with a minor child during the first year after the birth or
placement of the child in co nnection with foster care or adoption.
B. Periods of family care leave for the same care recipient
within a twelve-month period shall be considered one disability
benefit period.
C. Periods of disability for pregnancy and periods of family
care leave for bonding associated with the birth of that child shall
be considered one disability benefit period.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 905 of Title 40, unless there is
created a duplication in numbering, reads as follows:
An individual shall be deemed eligible for family temporary
disability insurance benefits equal to sixty -five percent (65%) of
Req. No. 492 Page 8 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
his or her weekly benefit amoun t on any day in which he or she is
unable to perform his or her regular or customary work because he or
she is bonding with a minor child during the first year after the
birth or placement of the child in connection with foster care or
adoption or caring f or a seriously ill child, parent, grandparent,
grandchild, sibling, spouse or domestic partner, only if the
Department of Labor finds all of the following:
1. The individual has made a claim for temporary disabilit y
benefits as required by authorized reg ulations; and
2. The individual has been unable to p erform his or her regular
or customary work for a seven -day waiting period during each
disability benefit period, with respect to which waiting period no
family temporary disability insurance benefits ar e payable; and
3. The individual has filed a certifi cate pursuant to
subsection B of Section 11 of this act .
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 906 of Title 40, unless there i s
created a duplication in numbering, reads as follow s:
A. An individual shall not be eligible for family temporary
disability insurance benefits with respect to any day that any of
the following apply:
1. The individual has received, or is entitled to r eceive,
unemployment compensation benefits or is under an unemployment
compensation act of any other state or of the federal government; or
Req. No. 492 Page 9 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Another family member is ready, willing, able and available
to provide care for the same period of time in a day that the
individual is providing the required care.
B. An individual who is entitled to leave under the Family and
Medical Leave Act of 1993 must take family temporary disability
insurance leave concurrent with leave taken und er the Family and
Medical Leave Act of 1993.
C. As a condition of an employee’s initial receipt of family
temporary disability insurance benefits during any twelve -month
period in which an employee is eligible for these benefits, an
employer may require an employee t o take up to two (2) weeks of
earned but unused vacation leave prior to the employee’s initial
receipt of these benefits. If an employer requires an employee to
take vacation leave, that portion of the vacation leave that does
not exceed one (1) week shall be applied to the waiting period
required pursuant to section 5 of this act.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 907 of Title 40, unless there is
created a duplication in numb ering, reads as follows:
If the Department of Labor finds that any individual falsely
certifies the medical condition of any person in order to obtain
family temporary disability insurance benefits, with the intent to
defraud, whether for the maker or for any other person, the
Department shall assess a penalty against the individual for the
Req. No. 492 Page 10 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
total amount of twenty-five percent (25%) of the benefits paid as a
result of the false certification. In addition, the employee shall
be liable to the Department for a ny benefits paid as a result of the
false certification. Penalties collected under this section sh all
be deposited in the Disability Trust Fund.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 908 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. The Department of Labor may request additional medical
evidence to supplement the first or any continued claim if the
additional evidence can be procured withou t additional cost to the
care recipient. The Department may require that the additional
evidence include any or all of the following information:
1. Identification of diagnoses;
2. Identification of symptoms; and
3. A statement setting forth the facts of the care recipient’s
serious health condition that warrants the participation of the
employee. The statement shall be completed and signed by any of the
following:
a. the physician or practitio ner treating the care
recipient,
b. the registrar, authoriz ed medical officer or other
duly authorized official of the hospital or health
facility treating the care recipient, or
Req. No. 492 Page 11 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. an examining physician or other representative of the
Department.
B. The Department may require the care recipient to submit to
reasonable examinations for the purpose of determining all the
following:
1. Whether a serious health condition exists;
2. Whether a care provid er’s participation is warranted; and
3. The period of time that the care provider ’s participation is
warranted.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 909 of Title 40, unless there is
created a duplication in numbering, reads as follows:
The Department shall issue the initial payment for family
temporary disability insurance benefits to a monetarily eligible
claimant who is otherwise d etermined eligible by the department
under applicable law and regulation within fourteen (14) days after
receipt of his or her properly completed disability claim.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 910 of Title 40, unless there is
created a duplication in numbering, reads as follows:
Claims for disability benefits shall be made in accordance with
promulgated rules of the Department of Labor. Each employer shall
post and maintain in places readily accessible to individuals in his
or her service printed statements concerning such regulations and
Req. No. 492 Page 12 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall make available to each such ind ividual copies of such printed
statements, regulations or matters relating to claims for disability
benefits as the Department may prescribe. Such printed statements
shall be supplied to each employer by the Department without cost to
the employer.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 911 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. In accordance with the rules promulgated by the Departme nt
of Labor, a claimant shall establish medical eligibility for each
uninterrupted period of disabi lity by filing a first claim for
disability benefits supported by the certificate of a treating
physician or practitioner that establishes the sickness, inju ry or
pregnancy of the employee, or the condition of the family member
that warrants the care of t he employee.
B. An employee shall be required to file a certificate to
establish eligibility when taking leave to care for a family member
with a serious health condition. The certificate shall be developed
by the department. In order to establish medic al eligibility of the
serious health condition of the family member that warrants the care
of the employee, the information shall be within the physician ’s or
practitioner’s knowledge and shall be based on a physical
examination and documented medical hist ory of the family member and
shall contain all of the following:
Req. No. 492 Page 13 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. A diagnosis and diagnostic code prescribed in the
International Classification of Diseas es, or, if no diagnosis has
yet been obtained, a detailed statement of symptoms;
2. The date, if known, on which the condition commenced;
3. The probable duration of the condition;
4. An estimate of the amount of time that the physician or
practitioner believes the employee n eeds to care for the child,
parent, grandparent, grandchild, sibling, spouse or domestic
partner; and
5. A statement that the serious health condition warrants the
participation of the employee to provide care for his or her child,
parent, grandparent, gr andchild, sibling, spouse or domestic
partner. “Warrants the participatio n of the employee” includes, but
is not limited to, providing psychologica l comfort, and arranging
“third-party” care for the child, parent, grandparent, gra ndchild,
sibling, spouse or domestic partner, as well as directly providing,
or participating in, the medical care.
C. The Department shall develop a certification form for
bonding that is separate and distinct from the certificate required
in subsection A of this section for an employee taking leave to bond
with a minor child within the first year of the child’s birth or
placement in connection with foster care or adoption.
D. The first and any continuing claim of an individual who
obtains care and trea tment outside this state s hall be supported by
Req. No. 492 Page 14 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a certificate of a treating physician or practitione r duly licensed
or certified by the state or foreign country in which the claimant
is receiving the care and treatment. If a physician or practitioner
licensed by and practicing in a foreign country is under
investigation by the Department for filing fals e claims and the
Department does not have legal remedies to conduct a criminal
investigation or prosecution in that country, the D epartment may
suspend the processing of all further c ertifications until the
physician or practitioner fully cooperates, and c ontinues to
cooperate, with the investigation. A physician or practitioner
licensed by, and practicing in, a foreign country who has been
convicted of filing false claims with the D epartment may not file a
certificate in support of a claim for disability benefits for a
period of five (5) years.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9 12 of Title 40, unless the re is
created a duplication in numbering, reads as follows:
All medical records of the Department obtained pursuant to the
Paid Family Leave Act, except to the extent necessary for the proper
administration of this act, or as prov ided elsewhere in law shal l be
confidential and shall not be published or be open to public
inspection in any manner revealing the identity of the claimant or
family member, or the nature or cause of his or her disability.
Req. No. 492 Page 15 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 913 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. Each worker shall pay worker contributions at the rate
determined by the Department of Labor. On or before October 31 of
each calendar year, the Department shall prepare a statement , which
shall be a public record, declaring the rate of worker contributions
for the calendar year and shall notify promptly all employers of
employees covered for family temporary di sability insurance.
B. The rate of worker contributions shall be established by the
Department.
C. There is created in the State Treasury a revolving fund for
the Department of Labor to be designated as the “Disability Trust
Fund”. The fund shall be a c ontinuing fund, not subject to fiscal
year limitations, and shall consist of all contributions, penalties,
and interest provided for in this act. All monies accruing to the
credit of the fund are hereby appropriated and may be bu dgeted and
expended by the Department of Labor to perform duties as prescribed
by this act. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Department of Labor for approval and payment. All
benefits provided for in this act shall be payable from the fund.
All benefits shall be paid in accordance with the rules as the
Department of Labor may prescribe.
Req. No. 492 Page 16 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 14. This act shall become effective Novembe r 1, 2021.
58-1-492 NP 1/15/2021 3:28:14 PM