| 41 | 36 | | |
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| 42 | 37 | | |
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| 43 | 38 | | |
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| 44 | 39 | | |
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| 45 | 40 | | An Act relating to schools; creating the Advancing |
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| 46 | 41 | | Rights for Caregiving, Health, and Extended Recovery |
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| 47 | 42 | | (Maternity Leave Protection for Teache rs) Act; |
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| 48 | 43 | | amending 70 O.S. 2021, Section 6 -104, which relates |
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| 49 | 44 | | to teacher sick leave; creating exception to sick |
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| 50 | 45 | | leave limits; amending Section 1, Chapter 291, O.S.L. |
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| 51 | 46 | | 2023 (70 O.S. Supp. 2024, Section 6 -104.8), which |
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| 52 | 47 | | relates to paid maternity leave; allowing sick leave |
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| 53 | 48 | | use to extend maternity leave for certain employees; |
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| 54 | 49 | | specifying uses; requiring sufficient leave accru al; |
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| 55 | 50 | | providing limitation; stating medical exception to |
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| 56 | 51 | | limitation; requiring notification and concurrent use |
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| 57 | 52 | | with the Family and Medical Leave Act; providing for |
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| 58 | 53 | | noncodification; and providing an effective date. |
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| 59 | 54 | | |
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| 60 | 55 | | |
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| 61 | 56 | | |
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| 62 | 57 | | |
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| 98 | 94 | | Section 6-104. A. 1. The board of ed ucation of each school |
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| 99 | 95 | | district in the state shall provide for sick leave for all teachers |
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| 100 | 96 | | employed in the district and shall pay such teachers the full amount |
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| 101 | 97 | | of their contract salaries during any absence from their regular |
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| 102 | 98 | | school duties for a period of time and under such conditions as the |
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| 103 | 99 | | board may determine, but not less than the minimum benefits |
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| 104 | 100 | | hereafter specified. Payment for sick leave shall be made on the |
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| 105 | 101 | | basis of the current sal ary rate then in effect for the teacher |
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| 106 | 102 | | receiving the payment. The Unless otherwise provided in Section 6 - |
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| 107 | 103 | | 104.8 of this title, the plan shall provide that a teacher may be |
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| 108 | 104 | | absent from his or her duties due to personal accidental injury, |
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| 109 | 105 | | illness or pregnancy, or accidental injury or illness in the |
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| 110 | 106 | | immediate family without the loss of salary for not to exceed ten |
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| 111 | 107 | | (10) days during each school year, except that said absence without |
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| 112 | 108 | | loss of salary for teachers employed on an eleven -month contract |
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| 113 | 109 | | shall not exceed eleven (11) days during each school year and for |
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| 114 | 110 | | those teachers employed on a twelve-month contract shall not exceed |
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| 115 | 111 | | twelve (12) days during each school year, if said contract is for |
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| 116 | 112 | | the work period, and not merely for pay purposes. The right to such |
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| 117 | 113 | | leave shall vest at the beginning of the school year. Each school |
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| 118 | 114 | | district shall provide for all teachers a minimum of three (3) days |
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| 119 | 115 | | for personal business leave, upon the request of the teacher. |
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| 149 | 144 | | personal business leave shall not negate any locally negotiated |
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| 150 | 145 | | leave policies which exceed the minimum benefits stated above. Each |
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| 151 | 146 | | school district may provide not more than five (5) days each year |
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| 152 | 147 | | for emergency leave. Each school district will determine the |
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| 153 | 148 | | purposes for which emergency leave can be used. Those days shall |
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| 154 | 149 | | not be chargeable to sick leave and will be noncumulative. Unused |
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| 155 | 150 | | sick leave shall be cumulative up to a total of sixty (60) days, and |
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| 156 | 151 | | cumulative sick leave shall be transferable t o another school |
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| 157 | 152 | | district or to the Oklahoma School for the Blind or the Oklahoma |
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| 158 | 153 | | School for the Deaf where the teacher is employed the next |
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| 159 | 154 | | succeeding school year, provided that the numb er of days transferred |
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| 160 | 155 | | shall not exceed the maximum days permitted by the receiving school |
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| 161 | 156 | | and that such transferred days shall be used first in case of |
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| 162 | 157 | | illness and, provided further, that if the receiving school pays |
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| 163 | 158 | | teachers for unused sick leave upon re tirement or termination of |
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| 164 | 159 | | contract, then said payments shall be for only those days |
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| 165 | 160 | | accumulated in the receiving school. The school board of the |
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| 166 | 161 | | sending district shall certify the exact number of days eligible for |
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| 167 | 162 | | transfer. |
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| 168 | 163 | | 2. If a teacher is employed a t the Oklahoma School for the |
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| 169 | 164 | | Blind or the Oklahoma School for the Deaf after July 1, 2017, any |
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| 170 | 165 | | unused sick leave up to a total of sixty (60) days that is |
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| 200 | 194 | | B. The plan of each schoo l district for sick leave benefits may |
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| 201 | 195 | | include other terms and condit ions, but shall not provide less sick |
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| 202 | 196 | | leave benefits than those prescribed herein. Hospital and medical |
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| 203 | 197 | | proceeds may not be charged against sick leave benefits, but the |
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| 204 | 198 | | proceeds received by the teacher from any insurance provided by the |
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| 205 | 199 | | district for loss of compensable time may be charged against sick |
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| 206 | 200 | | leave benefits. Provided the board of education may provide all or |
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| 207 | 201 | | part of hospital and medical benefits, and sickness, accident, |
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| 208 | 202 | | health and life insurance or any of the aforesaid for any or all of |
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| 209 | 203 | | its employees. On authorization of the teacher, the district may |
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| 210 | 204 | | approve payroll deductions for such teacher's portion of the |
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| 211 | 205 | | aforesaid. |
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| 212 | 206 | | C. Each school district shall grant a teacher leave for j ury |
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| 213 | 207 | | service or as a witness subpoenaed in a criminal, civil or juvenile |
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| 214 | 208 | | proceeding and shall pay the teacher during such service the full, |
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| 215 | 209 | | current contract salary. Provided that the district may deduct any |
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| 216 | 210 | | compensation received for serving as a juror or w itness from the |
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| 217 | 211 | | teacher's salary during such service. |
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| 218 | 212 | | D. 1. A school district shall also provide for benefits for |
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| 219 | 213 | | personnel other than teachers. Benefits for support personnel |
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| 220 | 214 | | employees shall include provisions for paid sick leave of at least |
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| 221 | 215 | | one (1) day per month of employment not to exceed the number of |
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| 251 | 244 | | transferable to another school district where the person is employed |
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| 252 | 245 | | the next succeeding school year; provided, that the number of days |
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| 253 | 246 | | transferred shall not exceed the maximum days permitted by the |
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| 254 | 247 | | receiving district and that such transferred days shall be used |
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| 255 | 248 | | first in case of illness up to a maximum of ten (10) transferred |
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| 256 | 249 | | days per school year unless the local board of education authorizes |
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| 257 | 250 | | the use of additional transferred days during the school year in an |
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| 258 | 251 | | amount set by the board and, provided further, that if the receiving |
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| 259 | 252 | | district pays such person for unused sick leave upon retirement or |
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| 260 | 253 | | termination of employment, then said payments shall be for only |
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| 261 | 254 | | those days accumulated in the receiving district. The school board |
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| 262 | 255 | | of the sending district shall certify the exact number of days |
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| 263 | 256 | | eligible for transfer. Each school district sh all provide for all |
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| 264 | 257 | | support employees, a minimum of three (3) days for personal business |
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| 265 | 258 | | leave, upon the request of the support employee. Salary deductions |
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| 266 | 259 | | for personal business leave shall not exceed an amount necessary to |
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| 267 | 260 | | cover the costs of services pro vided to the district by the support |
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| 268 | 261 | | employee and shall not exceed th e salary of the support employee. |
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| 269 | 262 | | The terms for personal business leave provided by this subsection |
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| 270 | 263 | | shall not negate any locally negotiated leave policies which exceed |
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| 271 | 264 | | the minimum benefits stated above. Payment for such leave shall be |
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| 272 | 265 | | calculated with regard to the definition of "support employee" |
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| 302 | 294 | | 2. Support employees, as defined by Section 6 -101.40 of this |
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| 303 | 295 | | title, shall be entitled to pay for any time lost when school is |
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| 304 | 296 | | closed on account of epidemics or otherwise when an order for such |
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| 305 | 297 | | closing has been issued by a health officer authorized by law to |
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| 306 | 298 | | issue the order. |
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| 307 | 299 | | SECTION 3. AMENDATORY Section 1, Chapter 291, O.S.L. |
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| 308 | 300 | | 2023 (70 O.S. Supp. 2024, Section 6 -104.8), is amended to read as |
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| 309 | 301 | | follows: |
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| 310 | 302 | | Section 6-104.8. A. 1. Full -time employees of a public school |
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| 311 | 303 | | district in this state who ha ve been employed by the school district |
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| 312 | 304 | | for at least one year and hav e worked at least one thousand two |
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| 313 | 305 | | hundred fifty (1,250) hours during the preceding twelve -month |
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| 314 | 306 | | period; |
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| 315 | 307 | | 2. Persons employed full time as classroom instructional |
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| 316 | 308 | | employees of technology center school districts supervised by the |
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| 317 | 309 | | State Board of Career and Technology Education who have been |
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| 318 | 310 | | employed by the technology center school district for at least one |
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| 319 | 311 | | year and have worked at least one thousand two hundred fifty (1,250) |
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| 320 | 312 | | hours during the preceding twelve-month period; |
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| 321 | 313 | | 3. Persons employed as teachers by th e State Department of |
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| 322 | 314 | | Rehabilitation Services who have been employed by the State |
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| 323 | 315 | | Department of Rehabilitation Services for at least one year and have |
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| 353 | 344 | | 4. Persons employed full time as correctional teachers or |
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| 354 | 345 | | vocational instructors by the Department of Corrections pursuant to |
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| 355 | 346 | | Section 510.6a of Title 57 of the Oklahoma Statutes who have b een |
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| 356 | 347 | | employed by a Department of Corrections facility for at least one |
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| 357 | 348 | | year and have worked at least one thousand two hundred fifty (1,250) |
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| 358 | 349 | | hours during the preceding twelve -month period; and |
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| 359 | 350 | | 5. Persons employed full time as teachers by the Office of |
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| 360 | 351 | | Juvenile Affairs who have been employed by an Office of Juvenile |
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| 361 | 352 | | Affairs facility for at least one year and have worked at least one |
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| 362 | 353 | | thousand two hundred fifty (1,250) hours during the preceding |
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| 363 | 354 | | twelve-month period, |
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| 364 | 355 | | shall be entitled to six (6) weeks of paid ma ternity leave following |
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| 365 | 356 | | the birth of the employee's child. The six ( 6) weeks of paid |
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| 366 | 357 | | maternity leave shall be used immediately following the birth of the |
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| 367 | 358 | | school district employee's child. |
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| 368 | 359 | | B. 1. Paid maternity leave provided pursuant to paragraphs 1, |
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| 369 | 360 | | 2, and 3 of subsection A of this section shall be in addition to and |
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| 370 | 361 | | not in place of sick leave due to pregnancy, as authorized by |
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| 371 | 362 | | Section 6-104 of Title 70 of the Oklahoma Statutes this title. |
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| 372 | 363 | | 2. Paid maternity leave provided pursuant to paragraph 4 of |
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| 373 | 364 | | subsection A of this section shall be in addition to and not in |
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| 403 | 393 | | 3. Paid maternity leave provided pursuant to paragraph 5 of |
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| 404 | 394 | | subsection A of this sectio n shall be in addition to and not in |
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| 405 | 395 | | place of sick leave due to pregnancy, as authorized by Section 2 -7- |
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| 406 | 396 | | 202 of Title 10A of the Oklahoma Statutes. |
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| 407 | 397 | | C. 1. Employees described in subsection A of this section |
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| 408 | 398 | | shall have the right to utilize accrued sick leav e to extend the |
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| 409 | 399 | | duration of their maternity leave beyond the six (6) weeks provided |
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| 410 | 400 | | by this section. Such sick leave may be used for recovery from |
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| 411 | 401 | | childbirth, bonding with a newborn, or caring for a newborn, and |
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| 412 | 402 | | shall not require additional approval from a school board or |
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| 413 | 403 | | employer, provided the employee has sufficient sick leave to cover |
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| 414 | 404 | | the extended duration. Sick leave used pursuant to this subsection |
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| 415 | 405 | | shall not exceed six (6) weeks, unless a licensed medical |
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| 416 | 406 | | professional provides written certification r ecommending additional |
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| 417 | 407 | | leave for medical necessity related to the emp loyee's recovery from |
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| 418 | 408 | | child birth, or for the care of the newborn, to achieve a combined |
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| 419 | 409 | | twelve (12) weeks of FMLA leave in accordance with paragraph 2 of |
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| 420 | 410 | | this subsection. |
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| 421 | 411 | | 2. An employee seeking to use sick leave to extend the duration |
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| 422 | 412 | | of their maternity leave shall notify their employer in accordance |
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| 423 | 413 | | with the Family and Medical Leave Act of 1993 (FMLA). FMLA leave |
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| 424 | 414 | | shall run concurrently with the paid sick leave extended duration. |
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| 454 | 443 | | any compensation or other benefits to which the employee is |
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| 455 | 444 | | otherwise entitled. |
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| 456 | 445 | | D. E. Each fiscal year, the Legislature shall appropria te |
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| 457 | 446 | | adequate funding to the Public School Paid Maternity Leave Revolving |
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| 458 | 447 | | Fund created in Section 7 6-104.9 of this act title for the purpose |
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| 459 | 448 | | of providing paid maternity leave to eligible school district |
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| 460 | 449 | | employees pursuant to paragraph 1 of subsection A of t his section. |
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| 461 | 450 | | If the Legislature does not appropriate adequate fundin g |
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| 462 | 451 | | specifically for the purpose of providing paid maternity leave to |
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| 463 | 452 | | school district employees, the State Board of Education shall |
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| 464 | 453 | | allocate from the funds appropriated to the State Board o f Education |
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| 465 | 454 | | for the support of public school activities an amount to fully fund |
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| 466 | 455 | | paid maternity leave. |
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| 467 | 456 | | E. F. The State Board of Education, the State Board of Career |
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| 468 | 457 | | and Technology Education, the Commission for Rehabilitation |
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| 469 | 458 | | Services, the State Board of Co rrections, and the Board of Juvenile |
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| 470 | 459 | | Affairs may promulgate rules to implement the provisions of this |
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| 471 | 460 | | section. |
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| 472 | 461 | | SECTION 4. This act shall become effective November 1, 2025. |
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