OK
Oklahoma House Bill HB1963

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1963 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1963 By: Dollens
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3838 AS INTRODUCED
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4040 An Act relating to labor; enacting the Oklahoma
4141 Healthy Families and Workplaces Act; stating purpose;
4242 defining terms; providing for accr ual of certain
4343 employee leave; specifying leave amounts; prescribing
4444 procedures for accrual and use of leave; providing
4545 for sick leave; stating authorized purposes of sick
4646 leave; prescribing procedures with respect to sick
4747 leave; making certain acts unlawf ul; prohibiting
4848 retaliation; requiring employers to give certain
4949 notice; specifying notice requirements'; requiring
5050 certain display of information; imposing duties upon
5151 the Department of Labor; authorizing powers to
5252 Commissioner of Labor; authorizing citat ions;
5353 prescribing procedures related to citations
5454 prohibiting forced disclosure of certain information
5555 related to health; prohibiting certain construction
5656 of statutes; prohibiting certain waivers; providing
5757 for codification; and providing an effective date .
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6464 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6565 SECTION 1. NEW LAW A new section of law to be codified
6666 in the Oklahoma Statutes as Section 1001 of Title 40, unless there
6767 is created a duplication in numbering, re ads as follows:
6868 This act shall be known and may be cited as the "Oklahoma
6969 Healthy Families and Workplaces Act ".
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9696 SECTION 2. NEW LAW A new section of law to be codified
9797 in the Oklahoma Statutes as Section 1002 of Title 40, unless there
9898 is created a duplication in numbering, reads as follows:
9999 The purpose of this act is to provide eligible employees in
100100 Oklahoma the right to earn paid sick time for personal or family
101101 health needs and provide certain provisions naturally and
102102 necessarily related to that purpose.
103103 SECTION 3. NEW LAW A new section of law to be codified
104104 in the Oklahoma Statutes as Section 1003 of Title 40, unless there
105105 is created a duplication in numbering, reads as follows:
106106 For purposes of the Oklahoma H ealthy Families and Workplaces
107107 Act:
108108 1. "Department" means the Department of Labor;
109109 2. "Employ" means to permit to work;
110110 3. a. "Employee" means any individual employed by an
111111 employer, but does not include an individual who works
112112 in Oklahoma for fewer than eighty (80) hours in a
113113 calendar year.
114114 b. Employee does not include an "employee" as defined by
115115 45 U.S.C., Section 351(d) who is subject to the
116116 federal Railroad Unemployment Insurance Act, 45
117117 U.S.C., Section 351 et seq.;
118118 4. a. "Employer" means any individual, partnership, limited
119119 liability company, association, corporation, business
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146146 trust, legal representative, or organized group of
147147 persons who employs one or more employees .
148148 b. Employer does not include the United States or the
149149 State of Oklahoma or its agen cies, Departments, or
150150 political subdivisions;
151151 5. "Family member" means:
152152 a. any of the following, regardless of age: a
153153 biological, adopted, or foster child, a stepchild, a
154154 legal ward, or a child to whom the employee stands in
155155 loco parentis,
156156 b. a biological, foster, step, or adoptive parent or a
157157 legal guardian of an employee or an e mployee's spouse,
158158 c. a person who stood in loco parentis to the employee or
159159 the employee's spouse when the employee or employee's
160160 spouse was a minor child ,
161161 d. a person to whom the employee is legally married under
162162 the laws of any state ,
163163 e. a grandparent, grandchild, or sibling, whether of a
164164 biological, foster, adoptive, or step relationship, of
165165 the employee or the employee's spouse , or
166166 f. any other individual related by blood to the employee
167167 or whose close association with the employee is the
168168 equivalent of a family relationship;
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195195 6. "Health care professional " means any person licensed under
196196 any federal or state law to provide medical or emergency services;
197197 7. "Paid sick time" means time that is compensated at the same
198198 hourly rate and with the same benefits, including health care
199199 benefits, as the employee typically earns during hours worked and
200200 that is provided by an employer to an employee for the purposes
201201 described in this act, and in no case shall the amount of this
202202 hourly rate be less than that provided under applicable law;
203203 8. "Public health emergency " means a declaration or
204204 proclamation related to a public health threat, risk, disaster, or
205205 emergency that is made or issued by a federal, state, or local
206206 official with the authority to make or issue such a declaration or
207207 proclamation;
208208 9. "Retaliatory personnel action " means a denial of any right
209209 guaranteed under the Oklahoma Healthy Families and Workplaces Act
210210 and any threat, discharge, suspension, demotion, reduction of hours
211211 or pay, or other adverse act ion against an employee for exercising
212212 or attempting to exercise any right guaranteed in the Oklahoma
213213 Healthy Families and Workplaces Act;
214214 10. a "Small business" means an employer with fewer than
215215 twenty employees during a given week, including full -
216216 time, part-time, or temporary employees .
217217 b. Small business does not include an employer that
218218 maintained twenty or more employees on its payroll in
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245245 each of twenty (20) or more calendar weeks in the
246246 current or preceding calendar year; and
247247 11. "Year" means a regular and consecutive twelve -month period
248248 as determined by the employer.
249249 SECTION 4. NEW LAW A new section of law to be codified
250250 in the Oklahoma Statutes as Se ction 1004 of Title 40, unless there
251251 is created a duplication in numbering, reads as follows:
252252 A. All employees shall accrue a minimum of one (1) hour of paid
253253 sick time for every thirty (30) hours worked. Unless the employer
254254 selects a higher limit, this s ection does not entitle an employee to
255255 earn or use more than:
256256 1. Forty (40) hours of paid sick time in a year for an employee
257257 of a small business; or
258258 2. Fifty-six (56) hours of paid sick time in a year for an
259259 employee of an employer that is not a small b usiness.
260260 B. Employees who are exempt from overtime requirements under 29
261261 U.S.C., Section 213(a)(1) of the federal Fair Labor Standards Act,
262262 29 U.S.C., Section 201 et seq., shall be assumed to work forty (40)
263263 hours in each workweek for purposes of paid sic k time accrual unless
264264 their typical workweek is less than forty (40) hours, in which case
265265 paid sick time accrues based upon that typical workweek.
266266 C. Paid sick time as provided in this section shall begin to
267267 accrue at the commencement of employment or Oct ober 1, 2025,
268268 whichever is later. An employee shall be entitled to use paid sick
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295295 time as it is accrued. An employer may provide all paid sick time
296296 that an employee is expected to accrue in a year at the beginning of
297297 the year.
298298 D. Accrued paid sick time s hall be carried over to the
299299 following year. A small business is not required to permit an
300300 employee to use more than forty (40) hours of paid sick time per
301301 year, and other employers are not required to permit an employee to
302302 use more than fifty-six (56) hours of paid sick time per year.
303303 Alternatively, in lieu of carryover of unused paid sick time
304304 provided pursuant to this section from one year to the next, an
305305 employer may pay an employee for unused paid sick time provided
306306 pursuant to this section at the end of a year and provide the
307307 employee with an amount of paid sick time that meet s or exceeds the
308308 requirements of paragraphs 1 and 2 of subsection A of this section
309309 that is available for the employee's immediate use at the beginning
310310 of the subsequent year.
311311 E. Any employer with a paid leave policy, such as a paid time
312312 off policy, who makes available an amount of paid leave sufficient
313313 to meet the requirements of the Oklahoma Healthy Families and
314314 Workplaces Act that may be used for the same purposes and under th e
315315 same conditions as paid sick time under the act is not required to
316316 provide additional paid sick time under the act.
317317 F. At its discretion, an employer may loan paid sick time to an
318318 employee in advance of accrual by such employee.
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345345 G. If an employee is tr ansferred to a separate division,
346346 entity, or location, but remains employed by the same employer, the
347347 employee is entitled to all paid sick time accrued at the prior
348348 division, entity, or location and is entitled to use all paid sick
349349 time as provided in the Oklahoma Healthy Families and Workplaces
350350 Act. When there is a separation fro m employment and the employee is
351351 rehired within twelve (12) months of separation by the same
352352 employer, previously accrued paid sick time that had not been used
353353 shall be reinstated. The employee shall be entitled to use accrued
354354 paid sick time and accrue additional paid sick time at the
355355 recommencement of employment.
356356 SECTION 5. NEW LAW A new section of law to be codified
357357 in the Oklahoma Statutes as Section 1005 of Title 40, unless there
358358 is created a duplication in numbering, reads as f ollows:
359359 A. Paid sick time shall be provided to an employee by an
360360 employer for:
361361 1. An employee's mental or physical illness, injury, or health
362362 condition; an employee's need for medical diagnosis, care, or
363363 treatment of a mental or physical illness, injury, or health
364364 condition; or an employee 's need for preventative medical care;
365365 2. Care of a family member with a mental or physical illness,
366366 injury, or health condition; care of a f amily member who needs
367367 medical diagnosis, care, or treatment of a mental or ph ysical
368368 illness, injury, or health condition; care of a family member who
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395395 needs preventive medical care; or in the case of a child, to attend
396396 a meeting necessitated by the child's mental or physical illness,
397397 injury, or health condition, at a school or place where the child is
398398 receiving care; or
399399 3. Closure of the employee's place of business by order of a
400400 public official due to a public health emergency; an employee's need
401401 to care for a child whose school or place of care has been closed by
402402 order of a public official due to a public health emergency; or an
403403 employee's need to self -isolate or care for the employee or a family
404404 member when it has been determined by the health authoritie s having
405405 jurisdiction or by a health care professional that the employee's or
406406 family member's presence in the community may jeopardize the health
407407 of others because of exposure to a communicable disease, whether or
408408 not the employee or family member has actu ally contracted the
409409 communicable disease.
410410 B. Paid sick time under this sectio n shall be provided upon the
411411 oral request of an employee. When possible, the request shall
412412 include the expected duration of the absence.
413413 C. An employer that requires notice of the need to use paid
414414 sick time in accordance with this section shall provide a written
415415 policy that contains reasonable procedures for employees to provide
416416 notice. An employer that has not provided to the employee a copy of
417417 such written policy shall not de ny paid sick time to the employee
418418 based on noncompliance with such a policy.
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445445 D. An employer shall not require, as a condition of an
446446 employee's taking paid sick time under this section, that the
447447 employee search for or find a replacement worker to cover the hours
448448 during which the employee is using paid sick time.
449449 E. Paid sick time under this section may be used in the smaller
450450 of hourly increments or the smallest increment that the employer's
451451 payroll system uses to account for absences or use of other time.
452452 F. For use of paid sick time for more than three (3)
453453 consecutive work days, a n employer may require reasonable
454454 documentation that the paid sick time has been used for a purpose
455455 covered by of this section. Reasonable documentation shall include
456456 (a) documentation signed by a health care professional indicating
457457 that the paid sick time is or was necessary or (b) if the employee
458458 or a family member did not receive services from a health care
459459 professional, or if documentation cannot be obtained from a health
460460 care professional in a reasonable time or without added expense, a
461461 written statement from the employee indicating that the employee is
462462 taking or took paid sick time for a qualifying purpose covered by
463463 this section.
464464 G. An employer signatory to a multi -employer collective
465465 bargaining agreement may fulfill its obligations under the Oklahoma
466466 Healthy Families and Workplaces Act by making contributions to a
467467 multi-employer paid sick time fund, plan, or program based on the
468468 hours each employee accrues pursuant to the act while working under
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495495 the multi-employer collective bargaining agreement, if the fund,
496496 plan, or program enables employees to collect paid sick time from
497497 the fund, plan, or program based on hours they have worked under the
498498 multi-employer collective bargaining agreement into which their
499499 employers make contributions as provided in this subsection may
500500 collect from the paid sick time fund, plan, or program based on
501501 hours they have worked under the multi -employer collective
502502 bargaining agreement and for the purp oses specified under the act.
503503 SECTION 6. NEW LAW A new section of law to be codified
504504 in the Oklahoma Statutes as Section 1006 of Title 40, unless there
505505 is created a duplication in numbering, reads as follows:
506506 A. It shall be unlawful for an employer or any other person to
507507 interfere with, restrain, or deny the exercise of, or the attempt to
508508 exercise, any right protected under the Oklahoma Healthy Families
509509 and Workplaces Act.
510510 B. An employer shall not take retaliatory personnel action
511511 against an employee or former employee because the person has
512512 exercised or attempted to exercise rights protected under the act.
513513 Such rights include, but are not limited to, the right to request or
514514 use paid sick time pursuant to the act; the right to file a suit or
515515 complaint or inform any person about any employer's alleged
516516 violation of the act; the right to participate in an investigation,
517517 hearing, or proceeding or cooperate with or assist the Department of
518518 Labor in its investigations of alleged violation s of the act; and
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545545 the right to inform any person of the person's potential rig hts
546546 under the act.
547547 C. It shall be unlawful for an employer's absence control
548548 policy to count paid sick time taken under the act as an absence
549549 that may lead to or result in a ret aliatory personnel action or any
550550 other adverse action.
551551 SECTION 7. NEW LAW A new section of law to be codified
552552 in the Oklahoma Statutes as Section 1007 of Title 40, unless there
553553 is created a duplication in numbering, reads as follows :
554554 A. Employers shall give employees written notice of the
555555 following at the commencement of employment or by September 15,
556556 2025, whichever is later: that beginning November 1, 2025,
557557 employees are entitled to paid sick time; the amount of paid sick
558558 time; the terms of its use guaranteed under the Oklahoma Healthy
559559 Families and Workplaces Act; that retaliatory personnel action
560560 against employees who request or use paid sick time is prohibited;
561561 that each employee has the right to file a suit or complaint if paid
562562 sick time as required by the act is denied by the employer or the
563563 employee is subjected to retaliatory personnel action for requesting
564564 or taking paid sick time; and the contact information for the
565565 Department of Labor where questions about rights and
566566 responsibilities under the act can be answered.
567567 B. The notices required in subsection A of this section shall
568568 be provided in:
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595595 1. English; and
596596 2. Any language that is the first language spoken by at least
597597 five percent (5%) of the employer's workforce if the Department has
598598 provided a model notice in such language.
599599 C. The amount of paid sick time available to the employee, the
600600 amount of paid sick time taken by the employee to date in the year,
601601 and the amount of pay the employee has received as paid sick time
602602 shall be recorded in, or on an attachment to, the employee's regular
603603 paycheck.
604604 D. Employers shall display a poster that contains the
605605 information required in subsection A of this section in a
606606 conspicuous and accessible place in each establishment where such
607607 employees are employed. If an employer does not maintain a physical
608608 workplace or an employee teleworks or performs work through a web -
609609 based or app-based platform, the employer shall provide notice of
610610 such information via electronic communication or a cons picuous
611611 posting in the web-based or app-based platform. The poster
612612 displayed shall be in:
613613 1. English; and
614614 2. Any language that is the first language spoken by at least
615615 five percent (5%) of the employer's workforce .
616616 E. The Department shall create and make available to employers,
617617 in all languages spoken by at least five percent (5%) of Oklahoma's
618618 workforce and any language deemed appropriate by the Department,
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645645 model notices and posters that contain the information required
646646 under subsection A of this section and for employers' use in
647647 complying with subsections B and D of this section.
648648 SECTION 8. NEW LAW A new section of law to be codified
649649 in the Oklahoma Statutes as Section 1008 of Title 40, unless there
650650 is created a duplication in numbering, reads as follows:
651651 A. The Department of Labor shall be responsible for
652652 implementation and enforcement of the Oklahoma Healthy Families and
653653 Workplaces Act. The Department may adopt and promulgate rules and
654654 regulations as necessary to carry out the act.
655655 B. The Commissioner of Labor may subpoena records and witnesses
656656 related to the enforcement of the act. The Commissioner or his or
657657 her agent may inspect all related records and gather testimony on
658658 any matter relative to the enforcement of the act when the
659659 information sought is relevant to a lawful investigative purpose and
660660 is reasonable in scope.
661661 SECTION 9. NEW LAW A new section of law to be codified
662662 in the Oklahoma Statutes as Section 1009 of Title 40, unless there
663663 is created a duplication in numbering, reads as follows:
664664 A. The Commissioner of Labor shall issue a citation to an
665665 employer when an investigation reveals that the employer may have
666666 violated the Oklahoma Healthy Families and Workplaces Act.
667667 B. When a citation is issued, the Commissioner shall notify the
668668 employer of the proposed administra tive penalty, if any, by
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695695 certified mail, by any other manner of delivery by which the United
696696 States Postal Service can verify delivery, or by any method of
697697 service recognized und er law. The administrative penalty shall not
698698 be more than Five Hundred Dollars ($500.00) in the case of a second
699699 or subsequent violation.
700700 C. The employer has fifteen (15) working days after the date of
701701 the citation or penalty to contest such citation or penalty. Notice
702702 of contest shall be sent to the Commissioner who shall provid e a
703703 hearing in accordance with the Administrative Procedures Act.
704704 D. Any employer who has an unpaid citation for a violation of
705705 the Oklahoma Healthy Families and Workplaces Act shall be barred
706706 from contracting with the state or any political subdivision until
707707 such citation is paid. If a citation has been contested as
708708 described in this section, it shall not be considered an unpaid
709709 citation under this subsection until after such c ontest has been
710710 resolved.
711711 E. Citations issued under this section and the name s of
712712 employers who have been issued a citation shall be made available to
713713 the public upon request, except that this subsection shall not apply
714714 to any citations that are being con tested as described in subsection
715715 C of this section.
716716 F. An employee having a claim for a violation of the Oklahoma
717717 Healthy Families and Workplaces Act may institute suit for legal and
718718 equitable relief in the proper court. In any action brought to
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745745 enforce the Oklahoma Healthy Families and Workplaces Act, the court
746746 shall have jurisdiction to grant such legal or equitable relief as
747747 the court deems appropriate to effectuate the purposes of the act.
748748 If an employee establishes a claim and secures judgment on t he
749749 claim, such employee shall also be entitled to recover the full
750750 amount of the judgment and all costs of such suit, including
751751 reasonable attorney fees.
752752 G. If an employee institutes suit against an employer under
753753 this section, any citation that is issued against an employer under
754754 this section and that relates directly to the facts in dispute shall
755755 be admitted into evidence unless specifically excluded by the court.
756756 If a citation has been contested as described in this section, it
757757 shall not be admitted in to evidence under this subsection until such
758758 contest has been resolved.
759759 H. A civil action brought under this section shall be commenced
760760 no later than four (4) calendar years after the cause of action
761761 accrues.
762762 SECTION 10. NEW LAW A n ew section of law to be codified
763763 in the Oklahoma Statutes as Section 1010 of Title 40, unless there
764764 is created a duplication in numbering, reads as follows:
765765 A. Unless otherwise required by law, an employer shall not
766766 require disclosure of the details of an employee's or an employee's
767767 family member's health information as a condition of providing paid
768768 sick time under the Oklahoma Healthy Families and Workplaces Act.
769769
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795795 B. Unless otherwise required by law, any health information
796796 possessed by an employer regardi ng an employee or employee's family
797797 member shall:
798798 1. Be maintained on a separ ate form and in a separate fil e from
799799 other personnel information;
800800 2. Be treated as confidential medical records; and
801801 3. Not be disclosed except to the affected employee or with the
802802 express permission of the affected employee.
803803 SECTION 11. NEW LAW A new section of law to be codified
804804 in the Oklahoma Statutes as Section 1011 of Title 40, unless there
805805 is created a duplication in numbering, reads as follows:
806806 A. The Oklahoma Healthy Families and Workplaces Act provides
807807 minimum requirements pertaining to paid sick time, and nothing in
808808 the act shall be construed to:
809809 1. Prohibit an employer from the adoption or retention of a
810810 paid sick time policy more generous tha n the one required by the
811811 act;
812812 2. Diminish the obligation of an employer to comply with any
813813 contract, collective bargaining agreement, employment benefit plan,
814814 or other agreement providing more generous paid sick time to an
815815 employee than required by the a ct;
816816 3. Diminish the rights of public employees regarding paid sick
817817 time or use of paid sick time as provided in state or local law; or
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844844 4. Preempt, limit, or otherwise affect the applicability of any
845845 other law, regulation, requirement, policy, or standard that
846846 provides for a greater amount, accrual, or use by employees of paid
847847 sick time or that extends other protections to employees.
848848 B. The rights and remedies under the Oklahoma Healthy Families
849849 and Workplaces Act shall not be waived by any agreement, pol icy,
850850 form, or condition of employment.
851851 SECTION 12. This act shall become effective November 1, 2025.
852852
853853 60-1-10332 MAH 01/16/25