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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1601 By: Gise
COMMITTEE SUBSTITUTE
An Act relating to schools; creating the Advancing
Rights for Caregiving, Health, and Extended Recovery
(Maternity Leave Protection for Teachers) Act;
amending 70 O.S. 2021, Section 6 -104, which relates
to teacher sick leave; creating exception to sick
leave limits; amending Section 1, Chapter 291, O.S.L.
2023 (70 O.S. Supp. 2024, Section 6 -104.8), which
relates to paid maternity leave; allowing sick leave
use to extend maternity leave for certain employees;
specifying uses; requiring sufficient leave accrual;
providing limitation; stating medical exception to
limitation; requiring notification and concurren t use
with the Family and Medical Leave Act; providing for
noncodification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Advancing
Rights for Caregiving, Health, and Extended Recovery (Maternity
Leave Protection for Teachers) Act " or the ARCHER Act.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 6 -104, is
amended to read as follows:
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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 s hall be made on the
basis of the current salary rate then in effect for the teacher
receiving the payment. The Unless otherwise provided in Section 6 -
104.8 of this title, the plan shall provide that a teacher may be
absent from his or her duties due to pe rsonal 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 absence without
loss of salary for teachers employe d 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 contract is for
the work period, and not m erely 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 leave, upon the request of the teacher.
Salary deductions for such leave shall not exceed the salary level
for substitute teachers. Provided further, that these terms for
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personal business leave shall not negate any locally 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 determine the
purposes for which emergency leave can be used. Those days shall
not be chargeable to sick leave and will 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 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 maximum days permitted by the receiving school
and that such 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 payments shall be for only those days
accumulated in the receiving school. The school board of the
sending district shall certify the 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 district prior to such date shall be
transferable.
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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 si ck 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 medica l 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 personnel
employees shall include provision s 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 regularly employed cumulative to a
total of sixty (60) days and cumulative sick leave shall be
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transferable to another school district where the person is employed
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 shall be used
first in case of illnes s up to a maximum of ten (10) transferred
days per school year unless the local board of education authorizes
the use of additional transferred 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 leave upon retirement or
termination of employment, then said payments shall be for only
those days accumulated in the receiving district. The school board
of the sending district shall certify the exact number of days
eligible for transfer. Each school district 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 services 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 le ave 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
benefits shall not exceed those aut horized 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 h ealth officer authorized by law to
issue the order.
SECTION 3. AMENDATORY Section 1, Chapter 291, O.S.L.
2023 (70 O.S. Supp. 2024, Section 6 -104.8), is amended to read as
follows:
Section 6-104.8. A. 1. Full -time employees of a public school
district in this state who have been employed by the school district
for at least one year and have worked at least one thousand two
hundred fifty (1,250) hours during the preceding twelve -month
period;
2. Persons employed full time as clas sroom instructional
employees of technology center school districts supervised by the
State Board of Career and Technology Education who have been
employed by the technology center school district for at least one
year and have worked at least one thousand two hundred fifty (1,250)
hours during the preceding twelve -month period;
3. Persons employed as teachers by the State Department of
Rehabilitation Services who have been employed by the State
Department of Rehabilitation Services for at least one year a nd have
worked at least one thousand two hundred fifty (1,250) hours during
the preceding twelve -month period;
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4. Persons employed full time as correctional teachers or
vocational instructors by the Department of Corrections pursuant to
Section 510.6a of Title 57 of the Oklahoma Statutes who have been
employed by a Department of Corrections facility for at least one
year and have worked at least one thousand two hundred fifty (1,250)
hours during the preceding twelve -month period; and
5. Persons employed full time as teachers by the Office of
Juvenile Affairs who have been employed by an Office of Juvenile
Affairs facility for at least one year and have worked at least one
thousand two hundred fifty (1,250) hours during the preceding
twelve-month period,
shall be entitled to six (6) weeks of paid maternity leave following
the birth of the employee 's child. The six (6) weeks of paid
maternity leave shall be used immediately following the birth of the
school district employee 's child.
B. 1. Paid maternity leave provided pursuant to paragraphs 1,
2, and 3 of subsection A of this section shall be in addition to and
not in place of sick leave due to pregnancy, as authorized by
Section 6-104 of Title 70 of the Oklahoma Statutes this title.
2. Paid maternity le ave provided pursuant to paragraph 4 of
subsection A of this section shall be in addition to and not in
place of sick leave due to pregnancy, as authorized by Section
510.6a of Title 57 of the Oklahoma Statutes.
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3. Paid maternity leave provided pursuant t o paragraph 5 of
subsection A of this section shall be in addition to and not in
place of sick leave due to pregnancy, as authorized by Section 2 -7-
202 of Title 10A of the Oklahoma Statutes.
C. 1. Employees described in subsection A of this section
shall have the right to utilize accrued sick leave to extend the
duration of their maternity leave beyond the six (6) weeks provided
by this section. Such sick leave may be used for recovery from
childbirth, bonding with a newborn, or caring for a newborn, and
shall not require additional approval from a school board or
employer, provided the employee has sufficient sick leave to cover
the extended duration. Sick leave used pursuant to this subsection
shall not exceed six (6) weeks, unless a licensed medical
professional provides written certification recommending additional
leave for medical necessity related to the employee 's recovery from
child birth, or for the care of the newborn, to achieve a combined
twelve (12) weeks of FMLA leave in accordance with par agraph 2 of
this subsection.
2. An employee seeking to use sick leave to extend the duration
of their maternity leave shall notify their employer in accordance
with the Family and Medical Leave Act of 1993 (FMLA). FMLA leave
shall run concurrently with t he paid sick leave extended duration.
D. An employee who takes maternity leave pursuant to the
provisions of subsection A of this section shall not be deprived of
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any compensation or other benefits to which the employee is
otherwise entitled.
D. E. Each fiscal year, the Legislature shall appropriate
adequate funding to the Public School Paid Maternity Leave Revolving
Fund created in Section 7 6-104.9 of this act title for the purpose
of providing paid maternity leave to eligible school district
employees pursuant to paragraph 1 of subsection A of this section.
If the Legislature does not appropriate adequate funding
specifically for the purpose of providing paid maternity leave to
school district employees, the State Board of Education shall
allocate from the funds appropriated to the State Board of Education
for the support of public school activities an amount to fully fund
paid maternity leave.
E. F. The State Board of Education, the State Board of Career
and Technology Education, the Commission for Re habilitation
Services, the State Board of Corrections, and the Board of Juvenile
Affairs may promulgate rules to implement the provisions of this
section.
SECTION 4. This act shall become effective November 1, 2025.
60-1-13249 JM 03/06/25