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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1426 By: Vancuren
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 6-104, which relates to types of employee
leave; clarifying provisions for transferability of
certain leave; prohibiting los s or transferability of
accumulated sick leave due to break in employment for
teachers; updating statutory langu age; barring loss
or transferability of accumulated sick l eave due to
break in employment for su pport personnel; 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. 2021, Section 6 -104, is
amended to read as follows:
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 salaries 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 salary rate then in effect for the teache r
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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 exc eed ten
(10) days during each school year, except that said an absence
without loss of salary for teachers employed on an eleven -month
contract shall not exceed eleven (11) days during 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 sick leave shall vest at the beginning of the
school year.
2. Each school district shall provi de for all teachers a
minimum of three (3) days for personal business leave, upon the
request of the teacher. Salary deductions for such personal
business leave shall not exceed t he salary level for substitute
teachers. Provided further, that these terms for personal business
leave shall not negate any locally negotiated leave policies which
exceed the minimum benefits stated above.
3. Each school district may provide not more than five (5) days
each year for emergency leave. Each school district will shall
determine the purposes for which emergency leave can be used. Those
days shall not be chargeable to sick leave and will shall be
noncumulative.
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4. Unused sick leave shall be cumulative up to a total of sixty
(60) days, and cumulative sick leave shal l be transferable to
another school district or to the Oklahoma School for the Blind or
the 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 maximu m days permitted by the
receiving school and that such the 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 of contract, then said the payments shall be for only
those days accumulated in the receiving school. Accumulated sick
leave shall not be lost due to any break in employment, and the
ability to transfer accumu lated sick leave shall not be negated due
to any break in employment . The school board of the sending
district shall certify the exact number of days eligible for
transfer.
2. 5. If a teacher is employed at the Oklahoma School for 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 that date shall be
transferable.
B. The plan of each school district for s ick leave benefits may
include other terms and conditions, but shall not provide less sick
leave benefits than those prescribed herein. Hospital and medical
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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, accident,
health, and life insurance or any of the aforesaid for any or all of
its employees. On authorization of the teacher, t he district may
approve payroll deductions for such teacher 's portion of the
aforesaid.
C. Each school district shall grant a teacher lea ve for jury
service or as a witness subpoenaed in a criminal, civil or juvenile
proceeding and shall pay the teacher d uring such his or her service
the full, current contract salary. Provided that the district may
deduct any compensation received for serving as a ju ror or witness
from the teacher's salary during such the service.
D. 1. A school district shall also prov ide 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 employment not to exceed the number of
hours per day for which they are regularl y employed cumulative to a
total of sixty (60) days and cumulative sick leave shall be
transferable to another school district where the person is employ ed
the next succeeding school year ; provided, that the number of days
transferred shall not exceed the maximum days permitted by the
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receiving district and that such transferred days shall be used
first in case of illness up to a maximum of ten (10) transf erred
days per school year unless the local board of education authorizes
the use of additional transfe rred 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 lea ve upon retirement or
termination of employment, then said the payments shall be for only
those days accumulated in the receiving district. Accumulated sick
leave shall not be lost due to any break in employment, and the
ability to transfer accumulated sick leav e shall not be negated due
to any break in employment. The school board of the sending
district shall certify the exact number of days eligible for
transfer. Each school dis trict shall provide for all support
employees, a minimum of three (3) days for pe rsonal 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 serv ices provided to the district by the support
employee and shall not exceed the sa lary of the support employee.
The terms for personal business leave provided by this subsection
shall not negate any locally negotiated leave policies which exceed
the minimum benefits stated above. Payment 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 the
benefits shall not exceed those authorized for teachers hereunder.
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2. Support employees, as defined by Section 6 -101.40 of this
title, shall be entitled to pay for any time lost when school is
closed on account of epidemics or otherwise 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 become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-5807 EK 01/01/23