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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 277 By: Dossett
AS INTRODUCED
An Act relating to paid leave; creating the Oklahoma
State Paid Family and Medical Leave Insurance Act;
providing short title; defining terms; providing for
eligibility for benefits; specifying qualifications;
providing for duration of benefits; stating maximum
weeks under certain conditions; providing for amount
of benefits to be calculated; authorizing the
Department of Labor to determin e amount; stating
manner of contributions; authorizing the Department
to establish assessment for contributions; providing
for intermittent or reduced leave schedule; requiring
covered individuals to be protected during use of
benefits; providing for penal ties; requiring covered
individuals to be protected from retaliatory actions
for use of benefits; allowing employers to coordinate
benefits under this act; prohibiting employers from
not maintaining current obligations to employees
under this act; requirin g employers to provide notice
to employees; specifying contents of notice; all owing
for appeals; requiring Department to make certain
determinations during certain time frame; allowing
for disqualification of benefits under certain
conditions; providing se lf-employed persons the
option to participate in program; specifying manner
of option for self-employed persons; establishing
family and medical leave insurance program; requiring
Department to establish and administer program;
authorizing Department to re quire and maintain
certain information under certain circumstances;
requiring the Department to establish reasonable
procedures and forms for filing claims; specifying
necessary contents for filing; allowing health care
providers to submit certain informat ion; providing
for income tax considerations on benefits; requiring
the Department to submit report to Legislature;
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specifying contents of report; requiring Department
to provide educational material regarding benefits;
providing for enforcement of this ac t; establishing
procedure to process claims; allowing for certain
action to be taken against violators of this act
within certain time frame; authorizing interagency
coordination; providing for codification; 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 to be codified
in the Oklahoma Statutes as Section 950 of Title 40, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma State
Paid Family and Medical Leave Insurance Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.1 of Title 40, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Alternative base period ” means the most recent four (4)
completed calendar quarters immediately preceding the first day of
the individual’s application year and any weeks in w hich wages were
paid to the individual in the incomplete calendar quarter in w hich
the individual filed a claim for benefits;
2. “Application year” means the twelve-month period beginning
on the first day of the calendar week in which a covered individual
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files an application for family and medical leave insurance
benefits;
3. “Average weekly wage” means one-thirteenth (1/13) of the
wages paid during the quarter of the covered individual ’s base
period or alternative base period in which the total wages we re
highest;
4. “Base period” means the first four (4) of the last five (5)
completed calendar quarters immediately preceding the first day of
an individual’s application year; provided, that if the first
quarter of the last five (5) completed calendar qua rters was
included in the base period applicable to any individual ’s previous
application year, the individual ’s base period shall be the last
four (4) completed calendar quarters ;
5. “Child” means, regardless of age, a biological, adopted or
foster child, stepchild or legal ward , a child of a domestic
partner, a child to whom the covered individual stands in loc o
parentis, or a person to whom the covered individual stood in loco
parentis when the person was a minor;
6. “Commissioner” means the Commissioner of Labor;
7. “Committed relationship” means a relationship in which the
covered individual and the domestic partner of the cover ed
individual share responsibility for a significant measure of each
other’s common welfare. This includes, but is not limi ted to, any
relationship between individuals of the same or different sex that
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is granted legal recognition by the state, political subdivision, or
by the District of Columbia as a marriage or analogous relationship
including, but not limited to, a civil u nion;
8. “Covered individual” means any person who:
a. meets one of the following requirements :
(1) earned an amount determined each year by the
Department of Labor from work in the state during
the person’s base period or alternative base
period prior to submitting an application, or
(2) is self-employed, elects coverage, and meet s the
requirements of Section 1 4 of this act,
b. meets the administrative requirements provided in this
act, and
c. submits an application .
Covered individual shall include forme r employees who have been
separated from employment for no more than twenty -six (26) weeks at
the start of the individual’s paid family and medical leave and who
satisfy the requirements of this paragraph;
9. “Department” means the Department of Labor;
10. “Domestic partner” means an adult in a committed
relationship with another adult;
11. “Employee” means any person permitted to work by an
employer;
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12. “Employer” means every individual, partnership, firm,
association, corporation , the legal representation of a deceased
individual, or receiver, trustee, or successor of an individual,
firm, partnership, association, or corporation, employing any person
in this state;
13. “Family and medical leave insurance benefits ” means the
benefits provided in this act;
14. “Family member” means:
a. a child,
b. a biological, adoptive, or fos ter parent, stepparent,
or legal guardian of a covered individual or a covered
individual’s spouse or domestic partner, or a person
who stood in loco parentis when the covered in dividual
or the covered individual ’s spouse or domestic partner
was a minor child,
c. a person to whom the covered individual is legally
married under the laws of any state or a domestic
partner of a covered individual,
d. a grandparent, grandchild, or sib ling, whether a
biological, foster, adoptive, or step relationship, of
any covered individual or the covered individual ’s
spouse or domestic partner, or
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e. any other individual related by blood or whose close
association with the covered individual is the
equivalent of a family relationship;
15. “Health care provider ” means any person or other entity who
is licensed pursuant to the provisions of Title 59 or Title 63 of
the Oklahoma Statutes, or pursuant to the laws of another state, to
render health care s ervices in the practice of a profession or in
the ordinary course of business;
16. “Interference” means any action that may have the effect of
preventing or discouraging an employee from exercising any right
guaranteed under this act including, but not li mited to:
a. failing to comply with the requirements of Section 9
of this act,
b. failing to provide an employee with complete and
accurate information related to an application for
family and medical leave insurance benefits as may be
required from an emp loyer pursuant to Section 15 of
this act,
c. failing to accurately and timely complete and return
an application for family and medical leave insurance
benefits as may be required from an employer pursuant
to Section 15 of this act, and
d. providing the Department with inaccurate or incomplete
information about an employee ’s wages or employment as
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it relates to the employee ’s eligibility for family
and medical leave insurance benefits;
17. “Paid family and medical leave ” means leave taken from
employment, self-employment, or availability for employment in
connection with family and medical leave insurance benefits pursuant
to this act;
18. “Qualifying exigency leave ” means leave based on a need
arising out of a covered individual ’s family member’s active duty
service or notice of an impending call or order to active duty in
the Armed Forces including, but not limited to:
a. providing for the care or other needs of the military
member’s child or other family member,
b. making financial or legal arrangements for the
military member,
c. attending counseling, military events, or ceremoni es,
d. spending time with the military member during a rest
and recuperation leave or following return from
deployment,
e. making arrangements following the death of a military
member,
f. arranging for alternative care for a family member of
the military member when the family member is
incapable of self-care and the active duty or call to
active duty status of the military member necessitates
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a change in the existing care arrange ment of the
family member,
g. providing care for a family member of the milita ry
member of an urgent, immediate need basis, but not on
a routine, regular, or everyday basis, when the family
member is incapable of self -care and the need to
provide such care arises from the active duty or call
to active duty status of the military member,
h. admitting to or transferring to a care facility a
family member of the military member when admittance
or transfer is necessitated by the active duty or call
to active duty status of the military member, or
i. attending meetings with staff at a car e facility, such
as meetings with hospice or social service providers
for a family member of the military member, when such
meetings are necessary due to circumstances arising
from the active duty or call to active duty status of
the military member but not for routine or regular
meetings;
19. “Retaliatory personnel action ” means denial of or
interference with any right guaranteed under this act including, but
not limited to, any threat, discharge, suspension, demotion,
reduction of hours or pay, other adv erse action against an employee,
or reporting or threatening to report an employee ’s suspected
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citizenship or immigration status or the suspected citizenship or
immigration status of a family member of the employee to a federal,
state, or local law enforcement agency. Retaliatory personnel
action shall also include interference with or punishment for
participating in or assisting an investigation, complaint,
proceeding, or hearin g under this act;
20. “Safe leave” means any leave taken because the covered
individual or the covered individual ’s family member is the victim
of an act defined in Section 60.1 of Title 22 of the Oklahoma
Statutes. Safe leave under this act applies if t he covered
individual is using leave to protect the covered individual or the
covered individual’s family member by:
a. seeking a protective order pursuant to Section 60.2 of
Title 22 of the Oklahoma Statutes,
b. seeking medical care, mental health counsel ing, or
both for the covered individual or the covered
individual’s family member to address physical or
psychological injuries resulting from any act defined
in Section 60.1 of Title 22 of the Oklahoma Statutes,
c. making the covered individual ’s or the covered
individual’s family members home secure from the
perpetrator of any act defined in Section 60.1 of
Title 22 of the Oklahoma Statutes,
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d. seeking legal assistance to address issues arising
from any act defined in Section 60.1 of Title 22 of
the Oklahoma Statutes or attending and preparing for
court-related proceedings arising from such act or
crime,
e. seeking services from a victim services organization,
or
f. taking other steps necessary to protect or restore the
covered individual’s or the covered individual’s
family member’s physical, mental, emotional, and
economic well-being while recovering from an act
defined in Section 60.1 of Title 22 of the Oklahoma
Statutes; and
21. “Serious health condition ” means the same as defined in
Section 101(11) of the Family and Medical Leave Act of 1993.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.2 of Title 40, unless there
is created a duplication in numbering, reads as follows:
On the effective date of this act, a covered individual shall
have the right to take paid family and medical leave and to receive
family and medical leave insurance benefits pursuant to this act if
the individual:
1. Meets the definition of a covered individual as defined in
paragraph 8 of Section 2 of this act; or
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2. Meets one of the foll owing requirements:
a. is caring for a new child because of birth, adoption,
or placement through foster care within twelve (12)
months of the anticipated bir th, adoption, or
placement of that child, or has a need to be absent
from work before an actual placement of the child in
order for the placement for adoption or foster care to
proceed,
b. is caring for a family member with a serious health
condition,
c. has a need for leave due to a serious health condition
including, but not limited to, pregnancy or pregnancy
loss,
d. because of any qualifying exigency leave as defined in
paragraph 18 of Section 2 of this act,
e. has a need for safe leave as defined in paragraph 20
of Section 2 of this act, or
f. any reason as set forth in the Family and Medical
Leave Act of 1993.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.3 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. 1. The number of weeks for which a covered individual may
take paid family and medical leave under subparagraph c of paragraph
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2 of Section 3 of this act and for which family and medical leave
insurance benefits are payable under subparagraph c of paragraph 2
of Section 3 of this act in an application year shall be no less
than twelve (12) weeks.
2. The number of weeks for which a covered individual may take
paid family and medical leave under subparagraphs a, b , d, e, or f
of paragraph 2 of Section 3 of this act and for which family and
medical leave insurance benefits are pa yable under subparagraphs a,
b, d, e, or f of paragraph 2 of Section 3 of this act in an
application year shall not exceed twelve (12) week s.
3. The number of weeks for which a covered individual may take
paid family and medical leave under paragraphs 1 and 2 of this
subsection in aggregate shall not exceed sixteen (16) weeks in an
application year.
B. The first payment of benefits shall be made to an individual
within thirty (30) days after the claim is filed, or wi thin thirty
(30) days after the first day of the approved claim, whichever is
later, and subsequent payments shall be made every two (2) weeks
thereafter. Family and medical lea ve insurance benefits are payable
as of the commencement of a covered individual ’s paid family and
medical leave.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.4 of Title 40, unless there
is created a duplication in numbering, reads as follows:
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A. The amount of family and medical leave insurance benefits
shall be determined by the Department of Labor.
B. Family and medical leave insurance benefits are not payable
until the covered in dividual accumulates at least four (4) hours of
family and medical leave.
C. The benefit amount of a covered individual taking paid
family and medical leave from employment shall be based on the
proportion of the covered individual ’s typical workweek spen t at the
job or jobs from which the covered individual is taking paid family
and medical leave, up to the maximum total benefit established by
the Department. A covered individual with multiple jobs may elect
whether to take leave from one job or multiple jobs.
D. 1. Family and medical leave insurance benefits pursuant to
paragraph 2 of Section 3 of this act , except for subparagraph c of
paragraph 2 of Section 3 of this act, shall be reduced by the amount
of benefits that a covered individual received un der the Employment
Security Act of 1980.
2. During any period of leave pursua nt to subparagraph c of
paragraph 2 of Section 3 of this act, family and medical leave
insurance benefits shall be reduced by the amount of benefits that a
covered individual rec eives under Title 85A of the Oklahoma
Statutes.
E. The Commissioner of Labor shall promulgate the rules
necessary to administer the provisions of this section.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.5 of Title 40, unless there
is created a duplication i n numbering, reads as follows:
A. Payroll contributions shall be authorized for the exclusive
purpose of financing the payment of benefits under this act and
implementing and administering the provisions of this act.
B. Beginning on the effective date of this act, for each
employee, an employer shall remit to the Family and Medical Leave
Insurance Fund as created in Section 18 of this act in the form and
manner determined by the Department of Labor.
C. Annually, beginning in the fiscal year after the eff ective
date of this act, and each fiscal year thereafter, the Department
shall set the contribution rate for the subsequent fiscal year based
on a percent of employee wages and a t the rate necessary to obtain a
total amount of contributions equal to one hundred thirty -five
percent (135%) of the benefits paid during the previous fiscal year
plus an amount equal to one hundred percent (100%) of the cost of
administration of the paym ent of those benefits during the previous
fiscal year, less the amount of net assets remaining in the fund as
of June 30 of the current fiscal year.
D. A self-employed person who elects cover age under this act
shall remit contribution amount pursuant to t his section directly to
the Department.
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E. An employer may deduct a percentage of the contribution
required for an employee by this section , as determined by the
Department, from the employee’s wages and shall remit one hundred
percent (100%) of the contribution required by this section from the
employer and those employees to the Family and Medical Leave
Insurance Fund as created in Section 18 of this act.
F. An employer who fails to or refuses to make contributions as
required in this section shall be a ssessed a penalty as determined
by the Department for each year the employer so failed to comply in
addition to any amounts p reviously owed, or fraction thereof, in
addition to the total amount of benefits paid to covered individuals
for whom the employer failed to make contributions. The rate of
assessment imposed by this subsecti on shall be adjusted each fiscal
year and annually thereafter. Assessments collected pursuant to
this subsection shall be deposited in the Family and Medical Leave
Insurance Fund as created in Section 18 of this act.
G. An employer’s failure to or refusal to remit contributions
to the Family and Medical Leave Insurance Fund as created in Section
18 of this act as required in this section shall not affect an
individual’s eligibility for paid family and medical leave and
family and medical leave insurance b enefits pursuant to this act.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.6 of Title 40, unless there
is created a duplication in numbering, reads as follows:
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A. A covered individual shall be entitled to take paid family
and medical leave on an intermittent or reduce d leave schedule in
which all of the leave authorized under this act is not take n
sequentially. Family and medical leave insurance benefits for an
intermittent or reduc ed leave schedule shall be prorated.
B. The covered individual shall make a reasonable effort to
schedule foreseeable paid family and medical leave under this
section so as not to unduly disrupt the operations of the employer.
The covered individual shall provide the employer with prior notice
of the schedule on which the covered individual will be taking the
leave, to the extent practicable. Paid family and medical leave
taken under this section shall not result in a reduction of the
total amount of leave to which a covered individual is entitled
beyond the amount of leave actually taken.
C. Nothing in this section shall be construed to entitle a
covered individual to more lea ve than required pursuant to Section 4
of this act.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.7 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Any covered individual who exercise his or her right under
this act to paid family and medical leave shall, upon the expiration
of that leave, be entitled to be restored by his or her employer to
the position held by the covered individual when the leave
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commenced, or to be restored to an equivalent position with
equivalent seniority, status, employment benefits, pay , and other
terms and conditions of employment including fringe benefits and
service credits that the covered individual was entitled to at the
commencement of leave. A covered individual who exercised his or
her right under this act to paid family and medical leave but does
not receive family and medical leave insurance benefits is still
entitled to the job restoration protection of this se ction.
B. During any leave pursuant to Section 3 of this act, the
employer shall maintain any health care benefits that the covered
individual had prior to taking such leave for the duration of the
leave as if the covered individual had continued working
continuously from the date the individual commenced the leave until
the date the individual returns from paid family and medical leave;
provided, that the covered individual shall continue to pay the
covered individual’s share of the cost of health benefit s and that
the employer shall continue to pay the employer ’s share of the cost
of health benefits as required prior to the commencement of leave.
C. This section shall be enforced as provided in Section 2 1 of
this act.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.8 of Title 40, unless there
is created a duplication in numbering, reads as follows:
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A. It shall be unlawful for an employer or any other person to
commit interference or r estrain or deny the exercise of, or the
attempt to exercise, any right protected under this act.
B. An employer, temporary employment company, employment
agency, employee organization, or other person shall not take
retaliatory personnel action or otherwi se discriminate against a
person because that person exercised rights protecte d under this
act. Such rights include, but are not limited to :
1. The right to request, file for, apply for or use benefits,
or take leave provided for under this act ;
2. The right to communicate to the employer or any other person
or entity an intent to file a claim, a complaint with the Department
of Labor or courts, an appeal , that the person has testified or is
about to testify, or has assisted in any investigation, hearing , or
proceeding under this act, at any time, including during the period
in which the person receives family and medical leave insurance
benefits; and
3. The right to inform any person of the person ’s rights under
this act.
C. It shall be unlawful for an employer’s absence control
policy to count paid family or medical leave taken under this act as
an absence that may lead to or result in discipline, discharge,
demotion, suspension, or any other adverse action.
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D. Protections of this section shall apply to any person who
mistakenly, but in good faith, alleges a violation of this act.
E. This section shall be enforced through the provisions set
forth in Section 21 of this act.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.9 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. 1. Leave taken with family and medical leave insurance
benefits under this act that also qualifies as leave under the
Family and Medical Leave Act of 1993 shall run concurrently with
leave taken under the Family and Medical Leave Act of 1993, as
applicable.
2. An employer may require that family and medical leave
insurance benefits payments made pursuant to this act be made
concurrently or otherwise coordinated with payment made or leave
allowed under the terms of a short -term disability policy, or a
separate bank of time off designated solely for the purpose of
family and medical leave in accordance with this act, under a
collective bargaining agreement or employer policy. The employer
shall give employees written notice of this requirement.
3. Notwithstanding this subsection, an employee shall not be
required to use or exhaust any accrued vacation leave, sick leave,
or other paid time off prior to or while receiving family and
medical leave insurance benefits under this act. A covered
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individual may choose to use any accrued vacation leave, sick leave,
or other paid time off while receiving family or medical leave
insurance benefits under this act, unless the aggregate amount a
covered individual would receive would exceed the covered
individual’s average weekly earnings. Nothing in this subsection
requires an employee to receive or use additional paid time off as
described in this section.
B. 1. This act shall not diminish an employer ’s obligation to
comply with any of the following that provide leave or benefits
exceeding the provisions of this act:
a. a collective bargaining agreement,
b. an employer policy,
c. an employment contract, or
d. any applicable local, state, or federal law.
2. An individual’s rights, privileges, or remedies to leave and
benefits under this act may not be diminished by a collective
bargaining agreement entered into, retained, amended, or renewed, or
an employer policy adopted, amended, or retained, after the
effective date of this act.
3. This act shall not diminish an individual ’s rights,
privileges, or remedies under a collective bargaining agreement,
employer policy, or employment contract, as applicable.
4. Any agreement by an individual to waive the individual ’s
rights under this act is void.
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SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.10 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Each employer shall provide written notice pursuant to this
section to each employee upon hiring and annual ly thereafter. An
employer shall also provide written notice to an employee when the
employee requests leave under this act or when the employer acquires
knowledge that an employee’s leave may be for a qualifying reason
under paragraph 2 of Section 3 of this act. Such notice shall
include:
1. The employee’s right to family and medical leave i nsurance
benefits under this act and the terms under which they may be used;
2. The amount of family and medical leave insurance benefits
available;
3. The procedure for filing a claim for benefits;
4. The right to job restoration and benefits continuat ion under
Section 8 of this act;
5. That discrimination and retaliatory perso nnel actions
against a person for requesting, applying for , or using family and
medical leave insurance benefits are prohibited under Section 9 of
this act; and
6. That the employee has a right to file a complaint for
violations of this act.
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B. Each employer shall also display and maintain a poster in a
conspicuous place accessible to employees at the employer ’s place of
business that contains the information required by this se ction in a
form approved by the Department of Labor; provided, that in cases
where the employer does not maintain a physical workplace, or an
employee teleworks or performs work through a web-based or app-based
platform, notification shall be sent via elec tronic communication or
a conspicuous posting on the web -based and app-based platform.
C. All notices required by subsections A and B of this section
shall be provided in English, the language typically used in
communications between the employer and an i ndividual employee, and
any other language that an employer may deem to be a primary
language for a majority of employees at a workplace , provided that
such notice has been provided by the Department. The Commissioner
of Labor may promulgate rules to esta blish additional requirements
concerning the means by which employers provide such notice.
D. Any employer that violates subsection A, B, or C of this
section shall be assessed a fine not less than One Hundred Dollars
($100.00) and no more than Five Hundr ed Dollars ($500.00) per day
per employee for each violation. Assessments col lected pursuant to
this subsection shall be deposited in the Family and Medical Leave
Insurance Fund as created in Section 18 of this act.
E. Employees shall provide notice of their intention to take
leave to their employers under this act; provided, that when the
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need for leave is foreseeable, employees shall not be required to
provide more than ten (10) business days’ notice to their employers.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 950.11 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. The Commissioner of Labor shall establish a system for an
aggrieved individual t o appeal any determination of his or her claim
for family and medical leave insurance benefits within ninety (90)
days of receiving notice of the determination. In establishing such
system, the Commission er may utilize any and all procedures and
appeals mechanisms established in Title 40 of the Oklahoma Statutes;
provided, that employers shall not be a party to any appeal pursuant
to this subsection.
B. Upon receipt of the Department of Labor ’s determination on
appeal, an aggrieved individual may seek jud icial review in court.
C. The Commissioner shall implement procedures to ensure
confidentiality of all information related to any claims filed or
appeals taken to the maximum extent permitted by applicable laws.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.12 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. A covered individual may be disqualified from family and
medical leave insurance benefits for up to one (1) year if the
individual is determined by the Commissioner of Labor to have
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willfully and knowingly made a false statement or misrepresentation
regarding a material fact, or willfully and knowingly failed to
report a material fact, to obtai n benefits under this act. A
covered individual may appeal such determination by the
Commissioner.
B. If family and medical leave insurance benefits are paid
erroneously as a result of willful misrepresentation, or if a claim
for family and medical leave insurance benefits is rejected after
benefits are paid, the Department of Labor may seek repayment of
benefits from the recipient. The Commissioner shall exercise
discretion to waive, in whole or in part, the amount of any such
payments.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.13 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. A self-employed person, including an independent contractor,
sole proprietor, partner, or joint venturer, may elect coverage
under this act for an initial period of not less than three (3)
years; provided, that a self -employed person who elects coverage
shall be eligible for family and medical leave insurance benefits
immediately when that person meets the requirements of paragraph 8
of Section 2 of this act, including wages earned from work in
employment and self-employment. The self -employed person shall file
a notice of election in writing with the Commissioner of Labor, as
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required by the Department of Labor. The election becomes effective
on the date of filing the notice. As a condition of election, the
self-employed person shall agree to supply any information
concerning income that the Department deems necessa ry.
B. A self-employed person who has elected coverage may withdraw
from coverage within thirty (30) days after the end of the three -
year period of coverage, or at such other times as the Commissioner
may prescribe by rule, by filing written notice with t he
Commissioner, with such withdrawal to take effect no earlier than
thirty (30) days after filing the notice.
C. A person who has elected coverage under this section shall
be excused from his or her obligations under this section, as the
Department shall promulgate by rule, if:
1. The person is no longer a self -employed person; or
2. The person no longer works in this state.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.14 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. The Department of Labor shall establish and administer
family and medical leave insurance, collect contributions, and pay
family and medical leave insurance benefits as specifie d in this
act. The provisions of this act shall be administered and
implemented by the Department. The Department shall be the entity
that collects contributions, processes and determine s claims for
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family and medical leave insurance benefits, and admini sters appeals
to the Department pursuant to Section 12 of this act.
B. The Department shall notify the employer with in five (5)
business days of a claim being filed pursuant to this act. The
Department is not required to receive any acknowledgement or re pose
from the employer before processing the applicant ’s claim.
C. The Department may use information -sharing and integration
technology to facilitate the disclosure of relevant information or
records to the extent permitted under state and federal privac y and
confidentiality laws, so long as an individual consents to the
disclosure as required under this law.
D. Information contained in the files and records pertaining to
an individual under this act are confidential and shall not be
disclosed or made op en to public inspection, other than to public
employees in the course of offic ial duties, to other agencies as
necessary for administration of this act, or as otherwise required
by law. The individual or an authorized representative of the
individual may review the records or receive specific information
from the records upon presentation of the individual ’s signed
authorization.
E. The Commissioner of Labor shall promulgate any rules
necessary to implement the provisions of this act.
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SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.15 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. As provided in this section, the Department of Labor shall
establish reasonable procedures and forms for filing claims for
benefits under this act and shall institute forms and procedures
that are not unduly burdensome to an individual claiming benefits.
Such forms, including medical certification forms, shall be
available in English and any other language deemed necessary by the
Commissioner of Labor.
B. An individual may file an application for family and medical
leave insurance benefits no more than sixty (60) days before the
anticipated start date of paid family and medical leave and no more
than ninety (90) days after the start date of paid family and
medical leave. The Department shall waive the ninety -day filing
deadline for good cause. Exact dates of absence are not require d
for the Department to process a claim , and claim data may be
adjusted through a claims modification process as esta blished by the
Department.
C. Certification for a covered individual taking leave under
subparagraph a of paragraph 2 of Section 3 of this act shall be
sufficient if the covered individual provides:
1. The child’s birth certificate;
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2. A document stating the child ’s birth date issued by the
health care provider of the child or the health care provider of the
person who gave birth;
3. A document issued by the health care provid er of the child,
an adoption agency involved in the adoption, or by other
individuals, as determined by the Department, that confirms the
adoption or anticipat ed adoption and the date of adoption or
anticipated adoption;
4. A document issued by the health care provider of the child,
a foster care agency involved in the placement, or by other
individuals, as determined by the Department, that confirms the
placement or anticipated placement and the date of placement or
anticipated placement; or
5. A voluntary acknowledgement of parentage.
D. Certification for a covered individual ta king leave under
subparagraph b of paragraph 2 of Section 3 of this act shall be
sufficient if it states the date on which the serious health
condition commenced, the probable du ration of the condition, the
appropriate medical facts within the knowledge of the health care
provider as required by the Department, a statement that the covered
individual is needed to care for the family member, and an estimate
of the amount of time th at the covered individual is needed to care
for the family member.
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E. Certification for a covered individual taking leave under
subparagraph c of paragraph 2 of Section 3 of this act shall be
sufficient if it states the date on which the serious health
condition commenced, the probable duration of the condition, and the
appropriate medical facts within the knowledge of the health care
provider as required by the Department.
F. Certification for a covered individual taking leaving under
subparagraph d of paragraph 2 of Section 3 of this act shall be
sufficient if it includes:
1. A copy of the family member ’s active-duty orders;
2. Documentation issued by the Armed Forces; or
3. Other documentation permitted by the Department.
G. Certification for a cove red individual taking leave under
subparagraph e of paragraph 2 of Section 3 of this act shall be
sufficient if the covered individual provides:
1. A police report indicating the covered individual or covered
individual’s family member was a victim of any act defined in
Section 60.1 of Title 22 of the Oklahoma Statutes;
2. A court document indicating that the covered individual or
covered individual’s family member is involved in legal action
related to any act defined in Section 60.1 of Title 22 of the
Oklahoma Statutes;
3. A signed statement from an attorney, member of the clergy,
victim and witness advocate, or a medical professional affirming
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that the covered individual or covered individual ’s family member is
a victim of any act defined in Section 60 .1 of Title 22 of the
Oklahoma Statutes; or
4. The covered individual ’s statement, which need not be
notarized or in any particular form, affirming that the covered
individual or the covered individual ’s family member is a victim of
any act defined in Sec tion 60.1 of Title 22 of the Oklahoma
Statutes.
H. Notwithstanding subsections C through G of this section, the
Department shall accept alternative certification for any leave
under paragraph 2 of Section 3 of this act that demonstrates the
covered individual’s need for leave for a purpose specified in
paragraph 2 of Section 3 of t his act.
I. An application for family and medical leave insurance
benefits, including certification pursuant to this section, shall be
submitted electronically, by mail, or by a nother method specified by
the Department.
J. Any medical, health, or other personal information required
under this section shall be confidential and shall not be disclosed
except with permission from the covered individual who provided it
unless disclosure is otherwise required by law.
K. A health care provider shall provide a c ertification of a
serious health condition required by this act for paid family or
medical leave, including any required documentation of a serious
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health condition, within seven (7) calendar days of receipt of a
request and authorization from the patient.
1. Nothing in this section require s a provider to complete a
certification for a serious health condition for which the provider
does not have the necessary patient information .
2. If a health care facility requires administrati ve review of
information or documentation required by this act prior to allowing
a provider to submit the certification of a serious health
condition, then the health care facility shall implement and
maintain policies and practices in conformance with this subsection.
3. A health care provider or health care facility may not
charge a fee for the execution of certification of a serious health
condition under this section. This does not prohibit or limit the
ability of a health care provider to charge a fee associated with
any office visit necessary for evaluating the patient.
SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.16 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. If the Internal Revenue Service determines that family and
medical leave insurance benefits under this act are subject to
federal income tax, the Department of Labor shall infor m an
individual filing a new claim for family and medical leave insurance
benefits, at the time of filing such claim, that:
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1. The Internal Revenue Service has determined that benefits
are subject to federal income tax; and
2. Requirements may exist pert aining to estimated tax payments.
B. Family and medical leave insurance benefits pursuant to this
act are not subject to state income tax.
SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.17 of Title 40, unless there
is created a duplication in numbering, reads a s follows:
There is hereby established as a special fund, separate and
apart from all public monies or funds of this state, the “Family and
Medical Leave Insurance Fund ”, which shall be administered by the
Department of Labor exclusively for the purpose of the family and
medical leave insurance benefits established by this act. This fund
shall consist of:
1. All contributions collected pursuant to this act, together
with any interest thereon collected pursuant to this act;
2. All penalties collected purs uant to the provisions of this
act;
3. Interest earned upon any monies in the fund;
4. Any property or securities acquired through the use of
monies belonging to the fund;
5. All earnings of such property or securities; and
6. All other monies received for the fund from any other
source.
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SECTION 19. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.18 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Beginning on the effective date of this act, the Department
of Labor shall submit a report to the Legislature at the end of each
year that includes:
1. Projected and actual participation under paragraph 2 of
Section 3 of this act;
2. Age, gender, race , ethnicity, sexual orientation, primary or
preferred language, residential zip code, average weekly wage,
occupation, and employment type as collected through the initial
application process for all applicants and for applicants with an
approved claim;
3. Average weekly benefit;
4. Average leave duration as a result of paragraph 2 of Section
3 of this act;
5. Contribution rates;
6. Current and projected fund balances;
7. Processing times for initial claims processing and
determinations;
8. State reasons for claim denials;
9. Number of appeals filed and outcomes related to appeals;
10. Average length of time between application and receipt of
benefits;
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11. A description of the Departme nt’s outreach efforts; and
12. For leaves taken under subparagraph b of parag raph 2 of
Section 3 of this act, category of family member for whom leave was
taken to provide care.
B. Such report shall be made publicly available immediately
following submission to the Legislature.
SECTION 20. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.19 of Title 40, unless there
is created a duplication in numbering, reads as follows:
After the effective date o f this act, and for as long as th is
act continues, the Department of Labor sha ll conduct a public
education campaign to educate workers and employers about the
availability of family and medical leave insurance benefits under
this act, including certificat ion requirements pursuant to Section
16 of this act. The Department may use funds collected pursuant to
this act in a given year to pay for the public education program.
SECTION 21. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.20 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Any individual who believes that his or her rights under
this act have been interfered with, restrained, or denied in
violation of this act or that the individual has been discharged or
otherwise discriminated against in violation of this act may, within
twenty-four (24) months after the violation occurs or the individual
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should reasonably have known that the violation occurred, whiche ver
is later:
1. File a complaint with the Department of Labor alleging the
violation; or
2. Bring a civil action in a court of competent jurisdiction.
B. The Department shall process complaints filed pursuant to
paragraph 1 of subsection A of this sect ion in the same manner as
complaints filed under Title 40 of the Oklahoma Statutes are
processed. If the Department finds that an employer has violated
Section 8 or 9 of this act, the Department shall:
1. Order the employer to take action to remedy the v iolation,
which may include:
a. providing the requested family or medical leav e,
b. reinstating an employee,
c. providing for up to two (2) years of back pay,
d. interest on the amount described in subparagraph c of
this paragraph calculated at the prevail ing rate,
e. liquidated damages equal to the sum of the amount
described in subparagraph c of this paragraph and the
interest described in subparagraph d of this
paragraph,
f. paying reasonable actual attorney fees to the
complainant, and
g. any other relief the Department deems appropriate; and
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2. Assess the employer a penalty not less than Five Hundred
Dollars ($500.00), with such assessments to be deposited in the
Family and Medical Leave Insurance Fund as created in Section 18 of
this act.
C. An individual or the Department may bring a civil action in
a court of competent jurisdiction against an employer for a
violation of Section 8 or 9 of this act. Such action may be brought
by an individual aggrieved by a violation of Section 8 or 9 of this
act without first filing a complaint with the Department. The court
may order payment of damages caused by the violation, liquidated
damages, reasonable costs including attorney fees, and legal and
equitable relief as the court deems appropriate. A civil action
brought after the completion of an administrative proceeding under
subsection B of this section shall be commenced within twenty -four
(24) months after the completion of such proceeding.
SECTION 22. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 950.21 of Title 40, unless there
is created a duplication in numbering, reads as follows:
The Department of Labor shall use state data collection,
technology, outreach , and educational efforts to the extent po ssible
and integrate this act with existing and future state policies,
programs, and practices including, but not limited to, policies,
programs, and practices that serve populations intended to be served
by this act and data that promotes this act’s effectiveness,
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efficiency, and utilization. Nothing in this act should be
interpreted as interfering with such coordination efforts. The
state shall report on these coordination efforts on an annual basis
beginning after the effective date of this act.
SECTION 23. This act shall become effective November 1, 2025.
60-1-718 MR 12/30/2024 10:09:02 PM