Oklahoma 2023 Regular Session

Oklahoma House Bill HB1790 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 1790 By: Williams
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3838 AS INTRODUCED
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4040 An Act relating to state government; establishing
4141 volunteer administrative leave for s tate employees;
4242 defining term; establishing eligibility requirements;
4343 requiring agencies to provide forma l request process;
4444 establishing that certain organizations shall be
4545 ineligible; establishing process by whic h leave may
4646 be taken; establishing accounta bility provisions;
4747 establishing disciplinary procedures; establishing
4848 criteria for denial of requests for leave; stating
4949 that the Legislature may discontinue program;
5050 providing for codification; and providing an
5151 effective date.
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5656 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5757 SECTION 1. NEW LAW A new section of law to be codified
5858 in the Oklahoma Statutes as Sectio n 840-8.2 of Title 74, unless
5959 there is created a duplication i n numbering, reads as follows:
6060 1. As used in this section, "volunteer administrative leave"
6161 shall mean hours of labor state employees may donate to ward a
6262 501(c)(3) charitable organization or public school.
6363 2. Full-time and part-time exempt or non-exempt state employees
6464 shall be able to donate up to twelve (12) hours of labor, pe r
6565 calendar year, toward a 501(c)(3) charitable organization or public
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9292 school located within this state. The provisions of this subsection
9393 shall not apply to seasonal and temporary em ployees.
9494 3. Requests for volunte er administrative leave shall be subject
9595 to the approval of an employee's department manager or agency
9696 director. All state agencies shall make available to state
9797 employees a form by which requests for volunteer administrat ive
9898 leave may be submitted. All state agencies shall require employees
9999 to submit formal requests for volunteer administrative leave at
100100 least one (1) week prior to the requested leave date. All forms for
101101 request of volunteer administrative leave shall inc lude a space for
102102 the signature of a representative of the charitable orga nization
103103 attesting to the time volunteered, and employees shall be requir ed
104104 to return the signed form after volunteering.
105105 4. Volunteer administrative leave may not be used for
106106 organizations that discriminate on the basis of race, color,
107107 national origin, religion, sexual orientation, ancestry, age,
108108 disability or any other federal, state or local protected
109109 characteristic.
110110 5. Volunteer administrative leave may be taken in two (2) hour
111111 increments up to four (4) hours in a day. All time spent traveling
112112 to and from a volunteering location shall be considered time sp ent
113113 on volunteer administrative leave. Volunteer administrative leave
114114 shall not be taken for volunteer time completed outside normally
115115 scheduled work hours. Volunteer administrati ve leave shall be
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142142 awarded on the first day of the first p ay period of each calendar
143143 year. New employees hired during the calendar year will be awarded
144144 a pro-rated amount of volunteer administrative leave equal to two
145145 (2) hours per remaining full month of the calendar year.
146146 6. Volunteer administrative leave sha ll expire on the final day
147147 of the final pay period of the calendar year. Unused volunteer
148148 administrative leave will not carry over year to year and will not
149149 be paid out upon separation of employment , voluntary or involuntary.
150150 7. Volunteer administrative leave shall not be used to
151151 supplement any other type of leave including paid time off.
152152 Volunteer administrative leave shall n ot be transferable between
153153 employees. Volunteer administrative leave sha ll not be considered
154154 as time worked when determining over time eligibility. Employees
155155 shall record the time as volunteer administrative leave on their
156156 timesheets and/or electronic tim ekeeper.
157157 8. Employees wishing to volunteer to as sist with programs which
158158 are operated by this state must seek approval from the human
159159 resources director to ensure Fair Labor Standards Act guidelines are
160160 not violated.
161161 9. Employees may not provide or use S tate of Oklahoma tools,
162162 equipment, supplies or re sources while performing community service
163163 unless previously approved by their manager. In some cases, this
164164 state may already provide assistance to these organizations if the
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191191 organization made a separate re quest for support that was approved
192192 by this state.
193193 10. Employees may not accept any compensation, remuneration,
194194 money, gifts, privileges or other valuable consideration. No state
195195 employee may personally profit or advantage from volunteer
196196 activities performed while on volunteer administrative leave .
197197 Participation in volunteer activities must not influence the
198198 employees in the perfo rmance of his or her official duties.
199199 11. Employees found falsifying performance of volunteer
200200 activities or abuse of the volunteer administrative leave program in
201201 any way will be subject to revocati on of eligibility as well as
202202 disciplinary procedures up t o and including separation of
203203 employment.
204204 12. Requests for volunteer administrative leave may be denied
205205 for reasons including , but not limited to, staffing shortages or
206206 organizations deemed ineligib le according to the criteria
207207 established in paragraph 4 o f this section and shall not be the
208208 basis for a grievance filed by the employee .
209209 13. The Legislature shall reserve the right to amend or
210210 discontinue this program at any time.
211211 SECTION 2. This act shall become effective November 1, 2023.
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213213 59-1-5102 LRB 01/03/23