1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1315 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to education employees; amending 70
7 O.S. 2021, Section 6-104.1, as amended by Section 2,
8 Chapter 291, O.S.L. 2023 (70 O.S. Supp. 2023, Section
8 6-104.1), which relates to leave without pay for
9 teachers; providing for adoption leave; updating
9 statutory reference; amending 70 O.S. 2021, Section
10 6-104.5, as amended by Section 3, Chapter 291, O.S.L.
10 2023 (70 O.S. Supp. 2023, Section 6-104.5), which
11 relates to pay deductions for certain leave;
11 providing for adoption leave; updating statutory
12 reference; amending 70 O.S. 2021, Section 6-104.6, as
12 amended by Section 4, Chapter 291, O.S.L. 2023 (70
13 O.S. Supp. 2023, Section 6-104.6), which relates to
13 establishment of leave sharing program; providing for
14 adoption leave; updating statutory references;
14 amending Section 1, Chapter 291, O.S.L. 2023 (70 O.S.
15 Supp. 2023, Section 6-104.8), which relates to
15 maternity leave for education employees; providing
16 for adoption leave; removing requirement that certain
16 employees be employed for certain time period to be
17 eligible for certain leave; providing for division of
17 adoption leave under certain circumstances; removing
18 certain statutory references; providing for certain
18 employees to not be prohibited from using accrued
19 sick leave following exhaustion of maternity or
19 adoption leave; modifying name of revolving fund;
20 updating statutory reference; requiring the
20 Legislature to provide adequate funding to certain
21 revolving fund; amending Section 7, Chapter 291,
21 O.S.L. 2023 (70 O.S. Supp. 2023, Section 6-104.9),
22 which relates to the Public School Paid Maternity
22 Leave Revolving Fund; modifying name of revolving
23 fund; modifying purpose; updating statutory
23 reference; amending Section 8, Chapter 291, O.S.L.
24 2023 (70 O.S. Supp. 2023, Section 6-104.10), which
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 1 relates to the Education Employee Paid Maternity
1 Leave Revolving Fund; modifying name of revolving
2 fund; modifying purpose; updating statutory
2 reference; amending 10A O.S. 2021, Section 2-7-202,
3 as amended by Section 5, Chapter 291, O.S.L. 2023
3 (10A O.S. Supp. 2023, Section 2-7-202), which relates
4 to duties of the Office of Juvenile Affairs;
4 providing for adoption leave; updating statutory
5 reference; amending 57 O.S. 2021, Section 510.6a, as
5 amended by Section 6, Chapter 291, O.S.L. 2023 (57
6 O.S. Supp. 2023, Section 510.6a), which relates to
6 salaries for correctional teachers; updating
7 statutory references; providing for adoption leave;
7 providing an effective date; and declaring an
8 emergency.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-104.1, as
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13 amended by Section 2, Chapter 291, O.S.L. 2023 (70 O.S. Supp. 2023,
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14 Section 6-104.1), is amended to read as follows:
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15 Section 6-104.1. After exhausting sick leave and extended leave
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16 pursuant to Sections 6-104 and 6-104.5 of this title and maternity
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17 or adoption leave pursuant to Section 1 Section 6-104.8 of this act
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18 title, a full-time teacher who, with the proper approval of the
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19 district board of education, takes not more than ninety (90) school
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20 days of leave without pay to care for the teacher’s child during the
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21 first year of the child’s life, shall receive full credit for the
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22 days on leave without pay as though the teacher had been on leave
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23 with pay for purposes of computing experience for the minimum
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24 teacher salary schedule. A teacher on leave without pay pursuant to
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 1 this section who pays the actuarial cost, as determined by the Board
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2 of Trustees of the Teachers’ Retirement System of Oklahoma, shall
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3 have the period during which such leave without pay is taken,
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4 counted toward retirement service credit as though the teacher had
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5 been on leave with pay. The teacher shall notify his or her
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6 employer and the Teachers’ Retirement System of Oklahoma in writing
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7 within thirty (30) days from the date he or she returns to service
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8 that he or she will pay such actuarial cost. The teacher shall have
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9 up to twelve (12) months from the date he or she returns to service
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10 to pay such actuarial cost.
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11 SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-104.5, as
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12 amended by Section 3, Chapter 291, O.S.L. 2023 (70 O.S. Supp. 2023,
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13 Section 6-104.5), is amended to read as follows:
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14 Section 6-104.5. A. If, after exhausting all sick leave
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15 pursuant to Section 6-104 of this title and maternity or adoption
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16 leave pursuant to Section 1 Section 6-104.8 of this act title, a
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17 teacher is absent from his or her duties due to personal accidental
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18 injury, illness, or pregnancy, the teacher shall receive for a
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19 period of not to exceed twenty (20) days his or her full contract
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20 salary less the amount:
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21 1. Actually paid a certified substitute teacher for his or her
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22 position if a certified substitute teacher is hired; or
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23 2. Normally paid a certified substitute teacher for his or her
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24 position if a certified substitute teacher is not hired.
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 1 B. The district’s plan may provide that the teacher is entitled
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2 to payment for accrued but unused sick leave upon termination of
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3 employment.
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4 SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-104.6, as
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5 amended by Section 4, Chapter 291, O.S.L. 2023 (70 O.S. Supp. 2023,
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6 Section 6-104.6), is amended to read as follows:
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7 Section 6-104.6. A. The board of education of each school
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8 district may establish a leave sharing program for all district
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9 employees. The program shall permit district employees to donate
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10 sick leave to a fellow district employee who is pregnant or
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11 recovering from childbirth or who is suffering from or has a
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12 relative or household member suffering from an extraordinary or
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13 severe illness, injury, impairment, or physical or mental condition
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14 which has caused or is likely to cause the employee to take leave
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15 without pay or to terminate employment.
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16 B. As used in this section:
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17 1. “Relative of the employee” means a spouse, child, stepchild,
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18 grandchild, grandparent, stepparent, or parent of the employee;
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19 2. “Household members” means those persons who reside in the
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20 same home, who have reciprocal duties to and do provide financial
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21 support for one another. This term shall include foster children
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22 and legal wards even if they do not live in the household. The term
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23 does not include persons sharing the same general house, when the
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24 living style is primarily that of a dormitory or commune;
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 1 3. “Severe” or “extraordinary” means serious, extreme, or life-
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2 threatening including temporary disability resulting from pregnancy,
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3 miscarriage, childbirth, and recovery therefrom; and
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4 4. “District employee” means a teacher or any full-time
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5 employee of the school district.
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6 C. A district employee may be eligible to receive shared leave
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7 pursuant to the following conditions:
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8 1. The board of education determines that the employee meets
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9 the criteria described in this section; and
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10 2. The employee has abided by district policies regarding the
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11 use of sick leave.
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12 D. A district employee may donate annual leave to another
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13 district employee only pursuant to the following conditions:
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14 1. The receiving employee has exhausted, or will exhaust,
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15 maternity or adoption leave granted pursuant to Section 1 Section 6-
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16 104.8 of this act title or sick leave earned pursuant to Section 6-
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17 104 of this title due to pregnancy, miscarriage, childbirth and
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18 recovery therefrom, an illness, injury, impairment, or physical or
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19 mental condition, which is of an extraordinary or severe nature, and
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20 involves the employee, a relative of the employee, or household
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21 member;
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22 2. The condition has caused, or is likely to cause, the
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23 employee to go on leave without pay or to terminate employment;
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 1 3. The board of education of the district permits the leave to
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2 be shared with an eligible employee;
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3 4. The amount of leave to be donated is within the limits set
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4 by the board of education of the district; and
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5 5. District employees may not donate excess sick leave that the
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6 donor would not be able to otherwise take.
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7 E. The board of education of each school district shall
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8 determine the amount of donated leave an employee may receive.
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9 F. The board of education shall require the employee to submit,
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10 prior to approval or disapproval, a medical certificate from a
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11 licensed physician or health care practitioner verifying the severe
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12 or extraordinary nature and expected duration of the condition.
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13 G. Donated sick leave is transferable between employees of
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14 different school districts in the state with the agreement of both
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15 boards of education of each school district.
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16 H. The receiving employee shall be paid the regular rate of pay
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17 of the employee. The sick leave received will be designated as
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18 shared sick leave and be maintained separately from all other sick
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19 leave balances.
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20 I. Any donated sick leave may only be used by the recipient for
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21 the purposes specified in this section.
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22 J. Maternity or adoption leave granted pursuant to Section 1
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23 Section 6-104.8 of this act title and sick leave earned pursuant to
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 1 Section 6-104 of this title available for use by the recipient shall
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2 be used prior to using shared sick leave.
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3 K. Any shared sick leave not used by the recipient during each
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4 occurrence as determined by the board of education shall be returned
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5 to the donor. The shared sick leave remaining will be divided among
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6 the donors on a prorated basis based on the original donated value
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7 and returned at its original donor value and reinstated to the
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8 annual leave balance of each donor.
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9 L. All donated sick leave shall be given voluntarily. No
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10 employee shall be coerced, threatened, intimidated, or financially
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11 induced into donating sick leave for purposes of the leave sharing
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12 program.
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13 M. In addition to the sick leave sharing program provided for
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14 in this section, the board of education of each school district may
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15 establish a sick leave sharing bank for all district employees. A
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16 district employee may donate sick leave to a common fund which may
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17 be used by any district employee who is eligible to receive shared
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18 leave as set forth in subsection A of this section. The terms and
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19 conditions for donation and use of sick leave to a leave sharing
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20 bank shall be subject to the provisions of this section, unless
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21 negotiations, entered into pursuant to Section 509.1 et seq. of this
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22 title, between district employees and the school district establish
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23 terms and conditions for a sick leave sharing bank in excess of
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24 those provided for in this section.
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 1 SECTION 4. AMENDATORY Section 1, Chapter 291, O.S.L.
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2 2023 (70 O.S. Supp. 2023, Section 6-104.8), is amended to read as
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3 follows:
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4 Section 6-104.8. A. 1. Full-time employees of a public school
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5 district in this state who have been employed by the school district
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6 for at least one year and have worked at least one thousand two
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7 hundred fifty (1,250) hours during the preceding twelve-month
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8 period;
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9 2. Persons employed full time as classroom instructional
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10 employees of technology center school districts supervised by the
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11 State Board of Career and Technology Education who have been
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12 employed by the technology center school district for at least one
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13 year and have worked at least one thousand two hundred fifty (1,250)
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14 hours during the preceding twelve-month period;
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15 3. Persons employed as teachers by the State Department of
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16 Rehabilitation Services who have been employed by the State
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17 Department of Rehabilitation Services for at least one year and have
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18 worked at least one thousand two hundred fifty (1,250) hours during
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19 the preceding twelve-month period;
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20 4. Persons employed full time as correctional teachers or
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21 vocational instructors by the Department of Corrections pursuant to
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22 Section 510.6a of Title 57 of the Oklahoma Statutes who have been
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23 employed by a Department of Corrections facility for at least one
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 1 year and have worked at least one thousand two hundred fifty (1,250)
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2 hours during the preceding twelve-month period; and
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3 5. Persons employed full time as teachers by the Office of
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4 Juvenile Affairs who have been employed by an Office of Juvenile
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5 Affairs facility for at least one year and have worked at least one
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6 thousand two hundred fifty (1,250) hours during the preceding
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7 twelve-month period,
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8 shall be entitled to six (6) weeks of paid maternity or adoption
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9 leave following the birth or adoption of the employee’s child. The
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10 six (6) weeks of paid maternity or adoption leave shall be used
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11 immediately following the birth of the school district employee’s
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12 child or the adoption of the employee’s child. If both adoptive
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13 parents are employed by the same school district, technology center
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14 school district, State Department of Rehabilitation Services
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15 facility, Department of Corrections facility, or Office of Juvenile
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16 Affairs facility, the six (6) weeks of paid adoption leave may be
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17 divided between the two employees.
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18 B. 1. Paid maternity or adoption leave provided pursuant to
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19 paragraphs 1, 2, and 3 of subsection A of this section shall be in
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20 addition to and not in place of sick leave due to pregnancy, as
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21 authorized by Section 6-104 of Title 70 of the Oklahoma Statutes
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22 this title.
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23 2. Paid maternity or adoption leave provided pursuant to
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24 paragraph paragraphs 4 and 5 of subsection A of this section shall
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 1 be in addition to and not in place of sick leave due to pregnancy,
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2 as authorized by Section 510.6a of Title 57 of the Oklahoma
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3 Statutes.
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4 3. Paid An individual who qualifies for paid maternity or
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5 adoption leave provided pursuant to paragraph 5 of subsection A of
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6 this section shall be in addition to and not in place of sick leave
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7 due to pregnancy, as authorized by Section 2-7-202 of Title 10A of
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8 the Oklahoma Statutes not be prohibited from using accrued sick
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9 leave after paid maternity or adoption leave has been exhausted,
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10 provided the accrued sick leave is used within twelve (12) weeks of
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11 the birth or adoption of the employee’s child.
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12 C. An employee who takes maternity or adoption leave pursuant
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13 to the provisions of subsection A of this section shall not be
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14 deprived of any compensation or other benefits to which the