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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 52 By: Stanley
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 6-104, which relates to si ck leave;
clarifying provisions regarding transferab ility of
certain leave for teachers and support personnel;
prohibiting accumulated sick leave from being lost or
not transferred due to any break in employment ;
updating statutory language; 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 p rovide for sick leave for all teachers
employed in the district and shall pay such the teachers the full
amount of their contract salaries during any absence from their
regular school duties for a period of time and under such condit ions
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 teacher
receiving the payment. The plan shall provide that a teacher may be
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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 exceed ten
(10) days during each school year, except that said such 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 y ear, if said the
contract is for the work period, and not merely for pay purposes.
The right to such leave shall vest at the beginning of the school
year. Each school district shall provide for all teachers a minimum
of three (3) days for personal business l eave, upon the request of
the teacher. Salary deductions for such leave shall not exceed t he
salary level for substitute teachers. Provided further, that these
terms for personal business leave shall not negate any l ocally
negotiated leave policies which exceed the minimum benefits stated
above. 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. Unused sick leave shall be cumulative up to a total
of sixty (60) days, and cumulative sick leave shall be transferable
to another school district or to the Ok lahoma School for the Blind
or the Oklahoma School for the Deaf where the teacher is employed
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the next succeeding school year , provided that the number of days
transferred shall not exceed the maximum days permitted by the
receiving school and that such tr ansferred 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 such payments shall be for only
those days accumulated in th e receiving school. Accumulated sick
leave shall not be lost due to any break in employment, and the
ability to transfer accu mulated sick leave shall not be negated due
to any break in employment. The school board of the sending
district shall certify th e exact number of days eligible for
transfer.
2. 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 d istrict prior to such date shall be
transferable.
B. The plan of each school district for sick leave benefits may
include other terms and conditions , but shall not provide less sick
leave benefits than those prescribed herein. Hospital and medical
proceeds may not be charged against sick leave be nefits, 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 a ll or
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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, the district may
approve payroll deductions for such teacher ’s portion of the
aforesaid.
C. Each school district shall grant a teacher leave for jury
service or as a witness subpoenaed in a criminal, civil , or juvenile
proceeding and shall pay the teacher during such service the full,
current contract salary. Provided , that the district may deduct any
compensation received for serving as a juror or witness from the
teacher’s salary during such service.
D. 1. A school district shall also provide for benefits for
personnel other than teachers. Benefits for support personn el
employees shall include provisions for pai d 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 regularly employed cumulative to a
total of sixty (60) days and cumulative sick leave sha ll 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
receiving district and that such transferred days s hall 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 transferred days during the school year in an
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amount set by the board and, provided furt her, that if the receiving
district pays such person for unused sick leave upon retirement or
termination of employment, then said such 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 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. Each school dis trict shall provide for all support
employees, a minimum of three (3) days for personal 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 salary 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 sh all be
calculated with regard to the definition of “support employee”
provided by Section 6 -101.40 of this title. Provided , that such
benefits shall not exceed those authorized for teachers hereunder.
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
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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 r eason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-457 EB 12/19/2022 2:32:16 PM