| 40 | | - | An Act relating to school employees; entitling full - |
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| 41 | | - | time public school district employees who have worked |
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| 42 | | - | for a certain amount of time to certain amount of |
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| 43 | | - | paid maternity leave; directing maternity leave be in |
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| 44 | | - | addition to certain sick leave; prohibiting employee |
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| 45 | | - | on maternity leave from being deprived of certain |
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| 46 | | - | compensation or benefits; directing the Legislature |
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| 47 | | - | to appropriate adequate funding to provide paid |
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| 48 | | - | maternity leave to certain school employees; |
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| 49 | | - | providing for allocation of funds if certain |
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| 50 | | - | appropriation is not made; p roviding for promulgation |
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| 51 | | - | of rules; amending 70 O.S. 2021, Section 6 -104.1, |
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| 52 | | - | which relates to leave without pay for teachers; |
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| 53 | | - | updating statutory reference; allowing maternity |
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| 54 | | - | leave in addition to certain sick leave and extended |
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| 55 | | - | leave; updating statutory lan guage; amending 70 O.S. |
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| 56 | | - | 2021, Section 6-104.5, which relates to pay |
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| 57 | | - | deductions for certain le ave; adding statutory |
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| 58 | | - | reference; allowing certain deductions after |
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| 59 | | - | exhausting certain sick leave and maternity leave; |
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| 60 | | - | amending 70 O.S. 2021, Section 6 -104.6, which relates |
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| 61 | | - | to establishment of leave sharing programs; allowing |
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| 62 | | - | certain district employees to p articipate in certain |
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| 63 | | - | shared leave after exhausting maternity leave; |
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| 64 | | - | requiring maternity leave and sick leave to be used |
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| 65 | | - | prior to shared sick leave; making languag e gender |
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| 66 | | - | neutral; providing for codification; providing an |
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| 67 | | - | effective date; and declaring an e mergency. |
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| 43 | + | [ school employees - maternity leave – benefits - |
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| 44 | + | funds - shared leave - codification - effective date |
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| 45 | + | - |
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| 46 | + | emergency ] |
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| 52 | + | SECTION 1. NEW LAW A new section of law to be codified |
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| 53 | + | in the Oklahoma Statutes as Section 6-104.8 of Title 70, unless |
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| 54 | + | there is created a du plication in numbering, reads as follows: |
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| 55 | + | A. A full-time employee of a public school district in this |
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| 56 | + | state who has been employed by the school distric t for at least one |
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| 57 | + | year and has worked at least one thousand two hundred fifty (1,25 0) |
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| 58 | + | hours during the preceding twelve-month period shall be entitled to |
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| 59 | + | twelve (12) weeks of paid maternity leave following the birth of the |
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| 60 | + | employee’s child. The twelve (12) weeks of paid maternity leave |
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| 61 | + | shall be used in the twelve (12) months following t he birth of the |
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| 62 | + | school district employee’s child and shall expire at the end of the |
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| 63 | + | twelve-month period. |
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| 99 | | - | SECTION 1. NEW LAW A new section of law to be codified |
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| 100 | | - | in the Oklahoma Statutes as Section 6-104.8 of Title 70, unless |
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| 101 | | - | there is created a du plication in numbering, reads as follows: |
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| 102 | | - | A. A full-time employee of a public school district in this |
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| 103 | | - | state who has been employed by the school distric t for at least one |
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| 104 | | - | year and has worked at least one thousand two hundred fifty (1,25 0) |
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| 105 | | - | hours during the preceding twelve-month period shall be entitled to |
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| 106 | | - | eight (8) weeks of paid maternity leave following the birth of the |
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| 107 | | - | employee’s child. The eight (8) weeks of paid maternity leave shal l |
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| 108 | | - | be used immediately following the birth of the school district |
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| 109 | | - | employee’s child. |
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| 110 | 91 | | B. Paid maternity leave provided pursuant to this section shall |
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| 111 | 92 | | be in addition to and not in place of s ick leave due to pregnancy, |
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| 112 | 93 | | as provided for in Section 6-104 of Title 70 of the Oklahoma |
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| 113 | 94 | | Statutes. |
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| 114 | 95 | | C. A school district employee who takes maternity leave |
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| 115 | 96 | | pursuant to the provisions of this section shall not be deprive d of |
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| 116 | 97 | | any compensation or other benefi ts to which the employee is |
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| 117 | 98 | | otherwise entitled. |
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| 118 | 99 | | D. Each fiscal year, the Legislature shall appropriate adequate |
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| 119 | 100 | | funding to the State Board of Education for the purpose of providing |
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| 120 | 101 | | paid maternity leave to eligible scho ol district employees pursuant |
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| 121 | 102 | | to this act. If the Legislature does not appropriate adequate |
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| 122 | 103 | | funding specifically for the purpose of providing paid maternity |
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| 104 | + | leave to school district employees, the State Board of Education |
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| 105 | + | shall allocate from the funds ap propriated to the State Board of |
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| 106 | + | Education for the support of public school activiti es an amount to |
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| 107 | + | fully fund paid maternity leave. |
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| 108 | + | E. The State Board of Education may promulgate rules to |
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| 109 | + | implement the provisions of this section. |
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| 110 | + | SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-104.1, is |
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| 111 | + | amended to read as follows : |
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| 112 | + | Section 6-104.1. After exhausting sick leave and extended leave |
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| 113 | + | pursuant to Sections 6 -104 and 6-104.5 of Title 70 of the Oklahoma |
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| 114 | + | Statutes this title and maternity leav e pursuant to Section 1 of |
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| 149 | | - | leave to school district employees , the State Board of Education |
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| 150 | | - | shall allocate from the funds ap propriated to the State Board of |
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| 151 | | - | Education for the support of public school activiti es an amount to |
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| 152 | | - | fully fund paid maternity leave. |
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| 153 | | - | E. The State Board of Education may promulgate rules to |
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| 154 | | - | implement the provisions of this section. |
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| 155 | | - | SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-104.1, is |
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| 156 | | - | amended to read as follows : |
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| 157 | | - | Section 6-104.1. After exhausting sick leave and extended leave |
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| 158 | | - | pursuant to Sections 6 -104 and 6-104.5 of Title 70 of the Oklahoma |
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| 159 | | - | Statutes this title and maternity leav e pursuant to Section 1 of |
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| 160 | 142 | | this act, a full-time teacher who, with the proper approv al of the |
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| 161 | 143 | | district board of education, takes not more than ninety (90) school |
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| 162 | 144 | | days of leave without pay to care for the teacher ’s child during the |
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| 163 | 145 | | first year of the child ’s life, shall receive full credit for the |
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| 164 | 146 | | days on leave without pay as though the tea cher had been on leave |
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| 165 | 147 | | with pay for purposes of computing experience for the minimum |
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| 166 | 148 | | teacher salary schedule. A teacher on leave without pay pursuant to |
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| 167 | 149 | | this section who pays the actuarial cost, as determined by the Board |
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| 168 | 150 | | of Trustees of the Teachers ’ Retirement System of Oklahoma, shall |
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| 169 | 151 | | have the period during which such leave without pay is taken, |
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| 170 | 152 | | counted toward retirement service credit as though the teacher had |
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| 171 | 153 | | been on leave with pay. The teacher shall notify their his or her |
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| 172 | 154 | | employer and the System in writing within thirty (30) days from the |
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| 155 | + | date he or she returns to service that they he or she will pay such |
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| 156 | + | actuarial cost. The teacher shall have up to twelve (12) months |
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| 157 | + | from the date he or she returns to s ervice to pay such actuarial |
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| 158 | + | cost. |
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| 159 | + | SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -104.5, is |
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| 160 | + | amended to read as follows: |
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| 161 | + | Section 6-104.5. A. If, after exhausting all sick leave |
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| 162 | + | pursuant to Section 6 -104 of this title and maternity leave pursuant |
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| 163 | + | to Section 1 of this act, a teacher is absent from h is or her duties |
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| 164 | + | due to personal acciden tal injury, illness, or pregnancy, the |
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| 199 | | - | date he or she returns to service that they he or she will pay such |
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| 200 | | - | actuarial cost. The teacher shall have up to twelve (12) months |
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| 201 | | - | from the date he or she returns to s ervice to pay such actuarial |
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| 202 | | - | cost. |
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| 203 | | - | SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -104.5, is |
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| 204 | | - | amended to read as follows: |
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| 205 | | - | Section 6-104.5. A. If, after exhausting all sick leave |
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| 206 | | - | pursuant to Section 6 -104 of this title and maternity leave pursuant |
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| 207 | | - | to Section 1 of this act, a teacher is absent from h is or her duties |
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| 208 | | - | due to personal acciden tal injury, illness, or pregnancy, the |
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| 209 | 192 | | teacher shall receive for a period of not to exceed twenty (20) days |
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| 210 | 193 | | his or her full contract salary less the amount: |
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| 211 | 194 | | 1. actually Actually paid a certified substitute teacher f or |
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| 212 | 195 | | his or her position if a certified substitute teacher is hired; or |
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| 213 | 196 | | 2. normally Normally paid a certified substitute teacher for |
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| 214 | 197 | | his or her position if a c ertified substitute teacher is not hired. |
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| 215 | 198 | | B. The district’s plan may provide that the teacher is entitled |
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| 216 | 199 | | to payment for accrued but unused sick leave upon termination of |
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| 217 | 200 | | employment. |
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| 218 | 201 | | SECTION 4. AMENDATORY 70 O.S. 2021, Section 6 -104.6, is |
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| 219 | 202 | | amended to read as follows: |
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| 220 | 203 | | Section 6-104.6. A. The board of education of each school |
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| 221 | 204 | | district may establish a leave sharing progr am for all district |
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| 222 | 205 | | employees. The program shall permit district employees to donate |
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| 206 | + | sick leave to a fellow distr ict employee who is pregnant or |
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| 207 | + | recovering from childbirth or who is suffering from or has a |
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| 208 | + | relative or household member suffering from an ex traordinary or |
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| 209 | + | severe illness, injury, impairment, or physical or mental condition |
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| 210 | + | which has caused or is likely t o cause the employee to take leave |
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| 211 | + | without pay or to terminate employment. |
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| 212 | + | B. As used in this sec tion: |
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| 213 | + | 1. “Relative of the employee” means a spouse, child, stepchild, |
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| 214 | + | grandchild, grandparent, stepparent, or parent of the employee; |
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| 249 | | - | sick leave to a fellow distr ict employee who is pregnant or |
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| 250 | | - | recovering from childbirth or who is suffering from or has a |
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| 251 | | - | relative or household member suffering from an ex traordinary or |
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| 252 | | - | severe illness, injury, impa irment, or physical or mental condition |
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| 253 | | - | which has caused or is likely t o cause the employee to take leave |
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| 254 | | - | without pay or to terminate employment. |
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| 255 | | - | B. As used in this sec tion: |
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| 256 | | - | 1. “Relative of the employee ” means a spouse, child, stepchild, |
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| 257 | | - | grandchild, grandparent, stepparent, or parent of the employee; |
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| 258 | 242 | | 2. “Household members” means those persons who reside in the |
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| 259 | 243 | | same home, who have reciprocal duties to and do provide fin ancial |
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| 260 | 244 | | support for one another. This term s hall include foster children |
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| 261 | 245 | | and legal wards even if they do not live in the household. The term |
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| 262 | 246 | | does not include persons sharing the same general house, when the |
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| 263 | 247 | | living style is primarily that of a dormitory or commune; |
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| 264 | 248 | | 3. “Severe” or “extraordinary” means serious, extreme , or life- |
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| 265 | 249 | | threatening including temporary disability resulting from pregnancy, |
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| 266 | 250 | | miscarriage, childbirth, and recovery therefrom; and |
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| 267 | 251 | | 4. “District employee” means a teacher or any full -time |
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| 268 | 252 | | employee of the school district. |
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| 269 | 253 | | C. A district employee may be eligible to receive shared leave |
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| 270 | 254 | | pursuant to the following conditions: |
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| 271 | 255 | | 1. The board of education determines that the employee meets |
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| 272 | 256 | | the criteria described in this section; and |
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| 257 | + | 2. The employee has abided by district policies regarding the |
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| 258 | + | use of sick leave. |
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| 259 | + | D. A district employee may donate annual leave to another |
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| 260 | + | district employee only pursuant to the following conditions: |
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| 261 | + | 1. The receiving employee has exhausted, or will exhaust, only |
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| 262 | + | maternity leave granted pursuant to Section 1 of thi s act or sick |
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| 263 | + | leave earned pursuant to Section 6 -104 of this title due to |
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| 264 | + | pregnancy, miscarriage, childbirth and r ecovery therefrom, an |
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| 265 | + | illness, injury, impairment, or physical or mental condition, which |
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| 299 | | - | 2. The employee has abided by district policies regarding the |
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| 300 | | - | use of sick leave. |
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| 301 | | - | D. A district employee may donate annual leave to another |
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| 302 | | - | district employee only pursuant to the following conditions: |
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| 303 | | - | 1. The receiving employee has exhausted, or will exhaust, only |
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| 304 | | - | maternity leave granted pursuant to Section 1 of thi s act or sick |
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| 305 | | - | leave earned pursuant to Sect ion 6-104 of this title due to |
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| 306 | | - | pregnancy, miscarriage, childbirth and r ecovery therefrom, an |
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| 307 | | - | illness, injury, impairment, or physical or mental condition, which |
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| 308 | 293 | | is of an extraordinary or severe nature, and involve s the employee, |
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| 309 | 294 | | a relative of the employee , or household member; |
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| 310 | 295 | | 2. The condition has caused, or is likely to cau se, the |
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| 311 | 296 | | employee to go on leave without p ay or to terminate employment; |
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| 312 | 297 | | 3. The board of education of the district permits the leave to |
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| 313 | 298 | | be shared with an eligible employee; |
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| 314 | 299 | | 4. The amount of leave to be donated is within the limits set |
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| 315 | 300 | | by the board of educ ation of the district; and |
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| 316 | 301 | | 5. District employees may not donate excess sick leave that the |
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| 317 | 302 | | donor would not be able to otherwise take. |
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| 318 | 303 | | E. The board of education of each school district shall |
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| 319 | 304 | | determine the amount of donated leave an employee may receive. |
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| 320 | 305 | | F. The board of education shall require t he employee to submit, |
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| 321 | 306 | | prior to approval or disapproval, a medical certificate from a |
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| 307 | + | licensed physician or health care practitioner verifying the severe |
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| 308 | + | or extraordinary nature and expected duration of the conditio n. |
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| 309 | + | G. Donated sick leave is transferable between employees of |
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| 310 | + | different school districts in the s tate with the agreement of both |
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| 311 | + | boards of education of each school district. |
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| 312 | + | H. The receiving employee shall be paid the regular rate of pay |
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| 313 | + | of the employee. The sick leave received will be designa ted as |
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| 314 | + | shared sick leave and be maintained separately fro m all other sick |
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| 315 | + | leave balances. |
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| 348 | | - | licensed physician or health care practitioner verifying t he severe |
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| 349 | | - | or extraordinary nature and expected duration of the conditio n. |
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| 350 | | - | G. Donated sick leave is transferable between employees of |
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| 351 | | - | different school districts in the s tate with the agreement of both |
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| 352 | | - | boards of education of each school district. |
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| 353 | | - | H. The receiving employee shall be paid the regular rate of pay |
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| 354 | | - | of the employee. The sick leave received will be designa ted as |
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| 355 | | - | shared sick leave and be maintained separately fro m all other sick |
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| 356 | | - | leave balances. |
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| 357 | 343 | | I. Any donated sick leave may only be used by the recipient for |
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| 358 | 344 | | the purposes specified in this section. |
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| 359 | 345 | | J. Only Maternity leave granted pursuant to Section 1 of thi s |
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| 360 | 346 | | act and sick leave earned pursuant to Section 6 -104 of this title |
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| 361 | 347 | | available for use by the recip ient must shall be used prior to using |
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| 362 | 348 | | shared sick leave. |
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| 363 | 349 | | K. Any shared sick leave not used by the recipient during each |
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| 364 | 350 | | occurrence as determined by the boar d of education shall be returned |
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| 365 | 351 | | to the donor. The share d sick leave remaining will be divided am ong |
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| 366 | 352 | | the donors on a prorated basis based on the original donated value |
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| 367 | 353 | | and returned at its original donor value and r einstated to the |
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| 368 | 354 | | annual leave balance of each donor. |
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| 369 | 355 | | L. All donated sick leave must shall be given voluntarily. No |
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| 370 | 356 | | employee shall be coerced, threatened, intimidated, or financially |
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| 357 | + | induced into donating sick leave for purposes of the leave sharing |
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| 358 | + | program. |
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| 359 | + | M. In addition to the sick leave sha ring program provided for |
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| 360 | + | in this section, the board of e ducation of each school district may |
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| 361 | + | establish a sick leave sharing bank for all district employees. A |
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| 362 | + | district employee may donate sick leave to a common fu nd which may |
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| 363 | + | be used by any district empl oyee who is eligible to receive shared |
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| 364 | + | leave as set forth in subsection A of this section. Th e terms and |
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| 365 | + | conditions for donation and use of sick leave to a leave sharing |
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| 366 | + | bank shall be subject to the provisions of t his section, unless |
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| 397 | | - | induced into donating sick leave for purposes of the leave sharing |
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| 398 | | - | program. |
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| 399 | | - | M. In addition to the sick leave sha ring program provided for |
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| 400 | | - | in this section, the board of e ducation of each school district may |
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| 401 | | - | establish a sick leave sharing bank for all distri ct employees. A |
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| 402 | | - | district employee may donate sick leave to a common fu nd which may |
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| 403 | | - | be used by any district empl oyee who is eligible to receive shared |
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| 404 | | - | leave as set forth in subsection A of this section. Th e terms and |
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| 405 | | - | conditions for donation and use of sic k leave to a leave sharing |
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| 406 | | - | bank shall be subject to the provisions of t his section, unless |
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| 407 | 394 | | negotiations, entered into pursuant to Section 509.1 et seq. of this |
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| 408 | 395 | | title, between district employees and the scho ol district establish |
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| 409 | 396 | | terms and conditions for a sick leave sharing bank in excess of |
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| 410 | 397 | | those provided for in this section. |
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| 411 | 398 | | SECTION 5. This act shall become effective July 1, 2023. |
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| 412 | 399 | | SECTION 6. It being immediately necessary for the preservation |
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| 413 | 400 | | of the public peace, health , or safety, an emergency is hereby |
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| 414 | 401 | | declared to exist, by reason whereof t his act shall take effect and |
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| 415 | 402 | | be in full force from and after its passage and approval. |
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