1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 277 By: Dossett
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to paid leave; creating the Oklahoma
7 State Paid Family and Medical Leave Insurance Act;
8 providing short title; defining terms; providing for
8 eligibility for benefits; specifying qualifications;
9 providing for duration of benefits; stating maximum
9 weeks under certain conditions; providing for amount
10 of benefits to be calculated; authorizing the
10 Department of Labor to determine amount; stating
11 manner of contributions; authorizing the Department
11 to establish assessment for contributions; providing
12 for intermittent or reduced leave schedule; requiring
12 covered individuals to be protected during use of
13 benefits; providing for penalties; requiring covered
13 individuals to be protected from retaliatory actions
14 for use of benefits; allowing employers to coordinate
14 benefits under this act; prohibiting employers from
15 not maintaining current obligations to employees
15 under this act; requiring employers to provide notice
16 to employees; specifying contents of notice; allowing
16 for appeals; requiring Department to make certain
17 determinations during certain time frame; allowing
17 for disqualification of benefits under certain
18 conditions; providing self-employed persons the
18 option to participate in program; specifying manner
19 of option for self-employed persons; establishing
19 family and medical leave insurance program; requiring
20 Department to establish and administer program;
20 authorizing Department to require and maintain
21 certain information under certain circumstances;
21 requiring the Department to establish reasonable
22 procedures and forms for filing claims; specifying
22 necessary contents for filing; allowing health care
23 providers to submit certain information; providing
23 for income tax considerations on benefits; requiring
24 the Department to submit report to Legislature;
24
Req. No. 718 Page 1
 1 specifying contents of report; requiring Department
1 to provide educational material regarding benefits;
2 providing for enforcement of this act; establishing
2 procedure to process claims; allowing for certain
3 action to be taken against violators of this act
3 within certain time frame; authorizing interagency
4 coordination; providing for codification; and
4 providing an effective date.
5
5
6
6
7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7
8 SECTION 1. NEW LAW A new section of law to be codified
8
9 in the Oklahoma Statutes as Section 950 of Title 40, unless there is
9
10 created a duplication in numbering, reads as follows:
10
11 This act shall be known and may be cited as the “Oklahoma State
11
12 Paid Family and Medical Leave Insurance Act”.
12
13 SECTION 2. NEW LAW A new section of law to be codified
13
14 in the Oklahoma Statutes as Section 950.1 of Title 40, unless there
14
15 is created a duplication in numbering, reads as follows:
15
16 As used in this act:
16
17 1. “Alternative base period” means the most recent four (4)
17
18 completed calendar quarters immediately preceding the first day of
18
19 the individual’s application year and any weeks in which wages were
19
20 paid to the individual in the incomplete calendar quarter in which
20
21 the individual filed a claim for benefits;
21
22 2. “Application year” means the twelve-month period beginning
22
23 on the first day of the calendar week in which a covered individual
23
24
24
Req. No. 718 Page 2
 1 files an application for family and medical leave insurance
1
2 benefits;
2
3 3. “Average weekly wage” means one-thirteenth (1/13) of the
3
4 wages paid during the quarter of the covered individual’s base
4
5 period or alternative base period in which the total wages were
5
6 highest;
6
7 4. “Base period” means the first four (4) of the last five (5)
7
8 completed calendar quarters immediately preceding the first day of
8
9 an individual’s application year; provided, that if the first
9
10 quarter of the last five (5) completed calendar quarters was
10
11 included in the base period applicable to any individual’s previous
11
12 application year, the individual’s base period shall be the last
12
13 four (4) completed calendar quarters;
13
14 5. “Child” means, regardless of age, a biological, adopted or
14
15 foster child, stepchild or legal ward, a child of a domestic
15
16 partner, a child to whom the covered individual stands in loco
16
17 parentis, or a person to whom the covered individual stood in loco
17
18 parentis when the person was a minor;
18
19 6. “Commissioner” means the Commissioner of Labor;
19
20 7. “Committed relationship” means a relationship in which the
20
21 covered individual and the domestic partner of the covered
21
22 individual share responsibility for a significant measure of each
22
23 other’s common welfare. This includes, but is not limited to, any
23
24 relationship between individuals of the same or different sex that
24
Req. No. 718 Page 3
 1 is granted legal recognition by the state, political subdivision, or
1
2 by the District of Columbia as a marriage or analogous relationship
2
3 including, but not limited to, a civil union;
3
4 8. “Covered individual” means any person who:
4
5 a. meets one of the following requirements:
5
6 (1) earned an amount determined each year by the
6
7 Department of Labor from work in the state during
7
8 the person’s base period or alternative base
8
9 period prior to submitting an application, or
9
10 (2) is self-employed, elects coverage, and meets the
10
11 requirements of Section 14 of this act,
11
12 b. meets the administrative requirements provided in this
12
13 act, and
13
14 c. submits an application.
14
15 Covered individual shall include former employees who have been
15
16 separated from employment for no more than twenty-six (26) weeks at
16
17 the start of the individual’s paid family and medical leave and who
17
18 satisfy the requirements of this paragraph;
18
19 9. “Department” means the Department of Labor;
19
20 10. “Domestic partner” means an adult in a committed
20
21 relationship with another adult;
21
22 11. “Employee” means any person permitted to work by an
22
23 employer;
23
24
24
Req. No. 718 Page 4
 1 12. “Employer” means every individual, partnership, firm,
1
2 association, corporation, the legal representation of a deceased
2
3 individual, or receiver, trustee, or successor of an individual,
3
4 firm, partnership, association, or corporation, employing any person
4
5 in this state;
5
6 13. “Family and medical leave insurance benefits” means the
6
7 benefits provided in this act;
7
8 14. “Family member” means:
8
9 a. a child,
9
10 b. a biological, adoptive, or foster parent, stepparent,
10
11 or legal guardian of a covered individual or a covered
11
12 individual’s spouse or domestic partner, or a person
12
13 who stood in loco parentis when the covered individual
13
14 or the covered individual’s spouse or domestic partner
14
15 was a minor child,
15
16 c. a person to whom the covered individual is legally
16
17 married under the laws of any state or a domestic
17
18 partner of a covered individual,
18
19 d. a grandparent, grandchild, or sibling, whether a
19
20 biological, foster, adoptive, or step relationship, of
20
21 any covered individual or the covered individual’s
21
22 spouse or domestic partner, or
22
23
23
24
24
Req. No. 718 Page 5
 1 e. any other individual related by blood or whose close
1
2 association with the covered individual is the
2
3 equivalent of a family relationship;
3
4 15. “Health care provider” means any person or other entity who
4
5 is licensed pursuant to the provisions of Title 59 or Title 63 of
5
6 the Oklahoma Statutes, or pursuant to the laws of another state, to
6
7 render health care services in the practice of a profession or in
7
8 the ordinary course of business;
8
9 16. “Interference” means any action that may have the effect of
9
10 preventing or discouraging an employee from exercising any right
10
11 guaranteed under this act including, but not limited to:
11
12 a. failing to comply with the requirements of Section 9
12
13 of this act,
13
14 b. failing to provide an employee with complete and
14
15 accurate information related to an application for
15
16 family and medical leave insurance benefits as may be
16
17 required from an employer pursuant to Section 15 of
17
18 this act,
18
19 c. failing to accurately and timely complete and return
19
20 an application for family and medical leave insurance
20
21 benefits as may be required from an employer pursuant
21
22 to Section 15 of this act, and
22
23 d. providing the Department with inaccurate or incomplete
23
24 information about an employee’s wages or employment as
24
Req. No. 718 Page 6
 1 it relates to the employee’s eligibility for family
1
2 and medical leave insurance benefits;
2
3 17. “Paid family and medical leave” means leave taken from
3
4 employment, self-employment, or availability for employment in
4
5 connection with family and medical leave insurance benefits pursuant
5
6 to this act;
6
7 18. “Qualifying exigency leave” means leave based on a need
7
8 arising out of a covered individual’s family member’s active duty
8
9 service or notice of an impending call or order to active duty in
9
10 the Armed Forces including, but not limited to:
10
11 a. providing for the care or other needs of the military
11
12 member’s child or other family member,
12
13 b. making financial or legal arrangements for the
13
14 military member,
14
15 c. attending counseling, military events, or ceremonies,
15
16 d. spending time with the military member during a rest
16
17 and recuperation leave or following return from
17
18 deployment,
18
19 e. making arrangements following the death of a military
19
20 member,
20
21 f. arranging for alternative care for a family member of
21
22 the military member when the family member is
22
23 incapable of self-care and the active duty or call to
23
24 active duty status of the military member necessitates
24
Req. No. 718 Page 7
 1 a change in the existing care arrangement of the
1
2 family member,
2
3 g. providing care for a family member of the military
3
4 member of an urgent, immediate need basis, but not on
4
5 a routine, regular, or everyday basis, when the family
5
6 member is incapable of self-care and the need to
6
7 provide such care arises from the active duty or call
7
8 to active duty status of the military member,
8
9 h. admitting to or transferring to a care facility a
9
10 family member of the military member when admittance
10
11 or transfer is necessitated by the active duty or call
11
12 to active duty status of the military member, or
12
13 i. attending meetings with staff at a care facility, such
13
14 as meetings with hospice or social service providers
14
15 for a family member of the military member, when such
15
16 meetings are necessary due to circumstances arising
16
17 from the active duty or call to active duty status of
17
18 the military member but not for routine or regular
18
19 meetings;
19
20 19. “Retaliatory personnel action” means denial of or
20
21 interference with any right guaranteed under this act including, but
21
22 not limited to, any threat, discharge, suspension, demotion,
22
23 reduction of hours or pay, other adverse action against an employee,
23
24 or reporting or threatening to report an employee’s suspected
24
Req. No. 718 Page 8
 1 citizenship or immigration status or the suspected citizenship or
1
2 immigration status of a family member of the employee to a federal,
2
3 state, or local law enforcement agency. Retaliatory personnel
3
4 action shall also include interference with or punishment for
4
5 participating in or assisting an investigation, complaint,
5
6 proceeding, or hearing under this act;
6
7 20. “Safe leave” means any leave taken because the covered
7
8 individual or the covered individual’s family member is the victim
8
9 of an act defined in Section 60.1 of Title 22 of the Oklahoma
9
10 Statutes. Safe leave under this act applies if the covered
10
11 individual is using leave to protect the covered individual or the
11
12 covered individual’s family member by:
12
13 a. seeking a protective order pursuant to Section 60.2 of
13
14 Title 22 of the Oklahoma Statutes,
14
15 b. seeking medical care, mental health counseling, or
15
16 both for the covered individual or the covered
16
17 individual’s family member to address physical or
17
18 psychological injuries resulting from any act defined
18
19 in Section 60.1 of Title 22 of the Oklahoma Statutes,
19
20 c. making the covered individual’s or the covered
20
21 individual’s family members home secure from the
21
22 perpetrator of any act defined in Section 60.1 of
22
23 Title 22 of the Oklahoma Statutes,
23
24
24
Req. No. 718 Page 9
 1 d. seeking legal assistance to address issues arising
1
2 from any act defined in Section 60.1 of Title 22 of
2
3 the Oklahoma Statutes or attending and preparing for
3
4 court-related proceedings arising from such act or
4
5 crime,
5
6 e. seeking services from a victim services organization,
6
7 or
7
8 f. taking other steps necessary to protect or restore the
8
9 covered individual’s or the covered individual’s
9
10 family member’s physical, mental, emotional, and
10
11 economic well-being while recovering from an act
11
12 defined in Section 60.1 of Title 22 of the Oklahoma
12
13 Statutes; and
13
14 21. “Serious health condition” means the same as defined in
14
15 Section 101(11) of the Family and Medical Leave Act of 1993.
15
16 SECTION 3. NEW LAW A new section of law to be codified
16
17 in the Oklahoma Statutes as Section 950.2 of Title 40, unless there
17
18 is created a duplication in numbering, reads as follows:
18
19 On the effective date of this act, a covered individual shall
19