Oklahoma 2024 Regular Session

Oklahoma House Bill HB1426 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 1426 By: Vancuren and Waldron of the
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 59th Legislature (2023)
34+
35+HOUSE BILL 1426 By: Vancuren and Waldron of the
3036 House
3137
3238 and
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3440 Stanley of the Senate
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45+AS INTRODUCED
3946
4047 [ schools - employee leave - accumulated sick leave -
41-effective date -
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4249 emergency ]
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4754 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4855 SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -104, is
4956 amended to read as follows:
5057 Section 6-104. A. 1. The board of education of each school
5158 district in the state shall provide for sick leave for all teachers
5259 employed in the district and shall pay such teachers the full amount
5360 of their contract salaries during any absence from their regular
5461 school duties for a period of time and under such conditions as the
5562 board may determine, but not less than the minimum benefits
5663 hereafter specified. Payment for sick leave shall be made on the
57-basis of the current salary rate then in effect for the teache r
58-receiving the payment. The plan shal l provide that a teacher may be
59-absent from his or her duties due to personal accidental injury,
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91+basis of the current salary rate then in effect for the teache r
92+receiving the payment. The plan shal l provide that a teacher may be
93+absent from his or her duties due to personal accidental injury,
8694 illness or, pregnancy, or accidental injury or illness in the
8795 immediate family without the loss of salary for not to exc eed ten
8896 (10) days during each school ye ar, except that said an absence
8997 without loss of salary for teachers employed on an eleven -month
9098 contract shall not exceed eleven (11) days during each school year
9199 and for those teachers employed on a twelve -month contract shall not
92100 exceed twelve (12) days during each school year, if said the
93101 contract is for the work period, and not merely for pay purposes.
94102 The right to such sick leave shall vest at the beginning of the
95103 school year.
96104 2. Each school district shall provi de for all teachers a
97105 minimum of three (3) days for personal business leave, upon the
98106 request of the teacher. Salary deductions for such personal
99107 business leave shall not exceed t he salary level for substitute
100108 teachers. Provided further, that these terms for personal business
101109 leave shall not negate any locally negotiated leave policies which
102110 exceed the minimum benefits stated above.
103111 3. Each school district may provide not more than five (5) days
104112 each year for emergency leave. Each school district will shall
105113 determine the purposes for which e mergency leave can be used. Those
106-days shall not be chargeable to sick leave and will shall be
107-noncumulative.
108-4. Unused sick leave shall be cumulative up to a total of sixty
109-(60) days, and cumulative sick leave shal l be transferable to
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141+days shall not be chargeable to sick leave and will shall be
142+noncumulative.
143+4. Unused sick leave shall be cumulative up to a total of sixty
144+(60) days, and cumulative sick leave shal l be transferable to
136145 another school district or to the Oklahoma School for the Blind or
137146 the Oklahoma School for the Deaf where the teacher is employed the
138147 next succeeding school year , provided that the number of days
139148 transferred shall not exceed the maximu m days permitted by the
140149 receiving school and that such the transferred days shall be used
141150 first in case of illness and, provided further, that if the
142151 receiving school pays teachers for unused sick leave upon retirement
143152 or termination of contract, then said the payments shall be for only
144153 those days accumulated in the receiving school. Accumulated sick
145154 leave shall not be lost due to any break in employment, and the
146155 ability to transfer accumu lated sick leave shall not be negated due
147156 to any break in employment . The school board of the sending
148157 district shall certify the exact number of days eligible for
149158 transfer.
150159 2. 5. If a teacher is employed at the Oklahoma School for the
151160 Blind or the Oklahoma School for the Deaf after July 1, 2017, any
152161 unused sick leave up to a total of sixty (60) days that is
153162 accumulated at a school district prior to such that date shall be
154163 transferable.
155-B. The plan of each school district for sick leave benefits may
156-include other terms and conditions, but shall not provide less sick
157-leave benefits than those prescribed herein. Hospital and medical
158-proceeds may not be charged against sick leave benefits, but the
159-proceeds received by the teacher from any insurance provided by the
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191+B. The plan of each school district for s ick leave benefits may
192+include other terms and conditions, but shall not provide less sick
193+leave benefits than those prescribed herein. Hospital and medical
194+proceeds may not be charged against sick leave benefits, but the
195+proceeds received by the teacher from any insurance provided by the
186196 district for loss of compensable time may be charged against sick
187197 leave benefits. Provided , the board of education may provide all or
188198 part of hospital and medical benefits, and sickness, accident,
189199 health, and life insurance or any of the aforesaid for any or all of
190200 its employees. On authorization of the teacher, t he district may
191201 approve payroll deducti ons for such teacher 's portion of the
192202 aforesaid.
193203 C. Each school district shall grant a teacher lea ve for jury
194204 service or as a witness subpoenaed in a criminal, civil or juvenile
195205 proceeding and shall pay the teacher d uring such his or her service
196206 the full, current contract salary. Provided that the district may
197207 deduct any compensation received for serving as a ju ror or witness
198208 from the teacher's salary during such the service.
199209 D. 1. A school district shall also prov ide for benefits for
200210 personnel other than teachers. Benefits for support personnel
201211 employees shall include provisions for paid sick leave of at least
202212 one (1) day per month of employment not to exceed the number of
203213 hours per day for which they are regularl y employed cumulative to a
204214 total of sixty (60) days and cumulative sick leave shall be
205-transferable to another school district where the person is employed
206-the next succeeding school year ; provided, that the number of days
207-transferred shall not exceed the maximum days permitted by the
208-receiving district and that such transferred days shall be used
209-first in case of illness up to a maximum of ten (10) transferred
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242+transferable to another school district where the person is employ ed
243+the next succeeding school year ; provided, that the number of days
244+transferred shall not exceed the maximum days permitted by the
245+receiving district and that such transferred days shall be used
246+first in case of illness up to a maximum of ten (10) transf erred
236247 days per school year unless the local board of education authorizes
237248 the use of additional transfe rred days during the school year in an
238249 amount set by the board and, provided further, that if the receiving
239250 district pays such person for unused sick lea ve upon retirement or
240251 termination of employment, then said the payments shall be for only
241252 those days accumulated in the receiving district. Accumulated sick
242253 leave shall not be lost due to any break in employment, and the
243254 ability to transfer accumulated sick leav e shall not be negated due
244255 to any break in employment. The school board of the sending
245256 district shall certify the exact number of days eligible for
246257 transfer. Each school dis trict shall provide for all support
247258 employees, a minimum of three (3) days for pe rsonal business leave ,
248259 upon the request of the support employee. Salary deductions for
249260 personal business leave shall not exceed an amo unt necessary to
250261 cover the costs of serv ices provided to the district by the support
251262 employee and shall not exceed the sa lary of the support employee.
252263 The terms for personal business leave provided by this subsection
253264 shall not negate any locally negotiate d leave policies which exceed
254265 the minimum benefits stated above. Payment for such leave shall be
255-calculated with regard to the definition of "support employee"
256-provided by Section 6 -101.40 of this title. Provided , that such the
257-benefits shall not exceed those authorized for teachers hereunder.
258-2. Support employees, as defined by Section 6 -101.40 of this
259-title, shall be entitled to pay for any time lost when school is
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293+calculated with regard to the definition of "support employee"
294+provided by Section 6 -101.40 of this title. Provided , that such the
295+benefits shall not exceed those authorized for teachers hereunder.
296+2. Support employees, as defined by Section 6 -101.40 of this
297+title, shall be entitled to pay for any time lost when school is
286298 closed on account of epidemics or otherwise when an order for such
287299 closing has been issu ed by a health officer authorized by law to
288300 issue the order.
289301 SECTION 2. This act shall become effective July 1, 2023.
290302 SECTION 3. It being immediately necessary for the preservation
291303 of the public peace, health or safety, an emergency is hereby
292304 declared to exist, by reason whereof thi s act shall take effect and
293305 be in full force from and after its passage and approval.
294-Passed the House of Representatives the 13th day of March, 2023.
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299- Presiding Officer of the House
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301- of Representatives
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304-Passed the Senate the ___ day of __________, 2023.
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309- Presiding Officer of the Senate
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307+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
308+03/02/2023 - DO PASS, As Amended and Coau thored.