1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 364 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to school employees; entitling full-
7 time public school district employees who have worked
8 for a certain amount of time to certain amount of
8 paid maternity leave; directing the leave be used in
9 certain time period; providing for expiration of
9 leave; directing maternity leave be in addition to
10 certain sick leave; prohibiting employee on maternity
10 leave from being deprived of certain compensation or
11 benefits; directing the Legislature to appropriate
11 adequate funding to provide paid maternity leave to
12 certain school employees; providing for allocation of
12 funds if certain appropriation is not made; providing
13 for promulgation of rules; amending 70 O.S. 2021,
13 Section 6-104.1, which relates to leave without pay
14 for teachers; updating statutory reference; allowing
14 maternity leave in addition to certain sick leave and
15 extended leave; updating statutory language; amending
15 70 O.S. 2021, Section 6-104.5, which relates to pay
16 deductions for certain leave; adding statutory
16 reference; allowing certain deductions after
17 exhausting certain sick leave and maternity leave;
17 amending 70 O.S. 2021, Section 6-104.6, which relates
18 to establishment of leave sharing programs; allowing
18 certain district employees to participate in certain
19 shared leave after exhausting maternity leave;
19 requiring maternity leave and sick leave to be used
20 prior to shared sick leave; making language gender
20 neutral; providing for codification; providing an
21 effective date; and declaring an emergency.
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24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 1 SECTION 1. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 6-104.8 of Title 70, unless
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3 there is created a duplication in numbering, reads as follows:
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4 A. A full-time employee of a public school district in this
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5 state who has been employed by the school district for at least one
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6 year and has worked at least one thousand two hundred fifty (1,250)
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7 hours during the preceding twelve-month period shall be entitled to
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8 twelve (12) weeks of paid maternity leave following the birth of the
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9 employee’s child. The twelve (12) weeks of paid maternity leave
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10 shall be used in the twelve (12) months following the birth of the
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11 school district employee’s child and shall expire at the end of the
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12 twelve-month period.
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13 B. Paid maternity leave provided pursuant to this section shall
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14 be in addition to and not in place of sick leave due to pregnancy,
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15 as provided for in Section 6-104 of Title 70 of the Oklahoma
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16 Statutes.
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17 C. A school district employee who takes maternity leave
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18 pursuant to the provisions of this section shall not be deprived of
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19 any compensation or other benefits to which the employee is
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20 otherwise entitled.
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21 D. Each fiscal year, the Legislature shall appropriate adequate
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22 funding to the State Board of Education for the purpose of providing
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23 paid maternity leave to eligible school district employees pursuant
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24 to this act. If the Legislature does not appropriate adequate
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 1 funding specifically for the purpose of providing paid maternity
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2 leave to school district employees, the State Board of Education
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3 shall allocate from the funds appropriated to the State Board of
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4 Education for the support of public school activities an amount to
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5 fully fund paid maternity leave.
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6 E. The State Board of Education may promulgate rules to
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7 implement the provisions of this section.
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8 SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-104.1, is
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9 amended to read as follows:
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10 Section 6-104.1. After exhausting sick leave and extended leave
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11 pursuant to Sections 6-104 and 6-104.5 of Title 70 of the Oklahoma
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12 Statutes this title and maternity leave pursuant to Section 1 of
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13 this act, a full-time teacher who, with the proper approval of the
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14 district board of education, takes not more than ninety (90) school
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15 days of leave without pay to care for the teacher’s child during the
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16 first year of the child’s life, shall receive full credit for the
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17 days on leave without pay as though the teacher had been on leave
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18 with pay for purposes of computing experience for the minimum
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19 teacher salary schedule. A teacher on leave without pay pursuant to
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20 this section who pays the actuarial cost, as determined by the Board
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21 of Trustees of the Teachers’ Retirement System of Oklahoma, shall
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22 have the period during which such leave without pay is taken,
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23 counted toward retirement service credit as though the teacher had
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24 been on leave with pay. The teacher shall notify their his or her
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 1 employer and the System in writing within thirty (30) days from the
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2 date he or she returns to service that they he or she will pay such
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3 actuarial cost. The teacher shall have up to twelve (12) months
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4 from the date he or she returns to service to pay such actuarial
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5 cost.
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6 SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-104.5, is
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7 amended to read as follows:
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8 Section 6-104.5. A. If, after exhausting all sick leave
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9 pursuant to Section 6-104 of this title and maternity leave pursuant
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10 to Section 1 of this act, a teacher is absent from his or her duties
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11 due to personal accidental injury, illness, or pregnancy, the
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12 teacher shall receive for a period of not to exceed twenty (20) days
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13 his or her full contract salary less the amount:
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14 1. actually Actually paid a certified substitute teacher for
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15 his or her position if a certified substitute teacher is hired; or
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16 2. normally Normally paid a certified substitute teacher for
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17 his or her position if a certified substitute teacher is not hired.
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18 B. The district’s plan may provide that the teacher is entitled
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19 to payment for accrued but unused sick leave upon termination of
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20 employment.
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21 SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-104.6, is
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22 amended to read as follows:
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23 Section 6-104.6. A. The board of education of each school
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24 district may establish a leave sharing program for all district
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 1 employees. The program shall permit district employees to donate
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2 sick leave to a fellow district employee who is pregnant or
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3 recovering from childbirth or who is suffering from or has a
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4 relative or household member suffering from an extraordinary or
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5 severe illness, injury, impairment, or physical or mental condition
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6 which has caused or is likely to cause the employee to take leave
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7 without pay or to terminate employment.
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8 B. As used in this section:
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9 1. “Relative of the employee” means a spouse, child, stepchild,
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10 grandchild, grandparent, stepparent, or parent of the employee;
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11 2. “Household members” means those persons who reside in the
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12 same home, who have reciprocal duties to and do provide financial
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13 support for one another. This term shall include foster children
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14 and legal wards even if they do not live in the household. The term
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15 does not include persons sharing the same general house, when the
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16 living style is primarily that of a dormitory or commune;
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17 3. “Severe” or “extraordinary” means serious, extreme, or life-
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18 threatening including temporary disability resulting from pregnancy,
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19 miscarriage, childbirth, and recovery therefrom; and
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20 4. “District employee” means a teacher or any full-time
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21 employee of the school district.
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22 C. A district employee may be eligible to receive shared leave
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23 pursuant to the following conditions:
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 1 1. The board of education determines that the employee meets
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2 the criteria described in this section; and
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3 2. The employee has abided by district policies regarding the
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4 use of sick leave.
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5 D. A district employee may donate annual leave to another
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6 district employee only pursuant to the following conditions:
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7 1. The receiving employee has exhausted, or will exhaust, only
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8 maternity leave granted pursuant to Section 1 of this act or sick
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9 leave earned pursuant to Section 6-104 of this title due to
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10 pregnancy, miscarriage, childbirth and recovery therefrom, an
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11 illness, injury, impairment, or physical or mental condition, which
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12 is of an extraordinary or severe nature, and involves the employee,
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13 a relative of the employee, or household member;
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14 2. The condition has caused, or is likely to cause, the
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15 employee to go on leave without pay or to terminate employment;
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16 3. The board of education of the district permits the leave to
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17 be shared with an eligible employee;
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18 4. The amount of leave to be donated is within the limits set
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19 by the board of education of the district; and
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20 5. District employees may not donate excess sick leave that the
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21 donor would not be able to otherwise take.
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22 E. The board of education of each school district shall
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23 determine the amount of donated leave an employee may receive.
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 1 F. The board of education shall require the employee to submit,
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2 prior to approval or disapproval, a medical certificate from a
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3 licensed physician or health care practitioner verifying the severe
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4 or extraordinary nature and expected duration of the condition.
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5 G. Donated sick leave is transferable between employees of
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6 different school districts in the state with the agreement of both
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7 boards of education of each school district.
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8 H. The receiving employee shall be paid the regular rate of pay
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9 of the employee. The sick leave received will be designated as
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10 shared sick leave and be maintained separately from all other sick
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11 leave balances.
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12 I. Any donated sick leave may only be used by the recipient for
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13 the purposes specified in this section.
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14 J. Only Maternity leave granted pursuant to Section 1 of this
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15 act and sick leave earned pursuant to Section 6-104 of this title
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16 available for use by the recipient must shall be used prior to using
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17 shared sick leave.
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18 K. Any shared sick leave not used by the recipient during each
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19 occurrence as determined by the board of education shall be returned
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20 to the donor. The shared sick leave remaining will be divided among
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21 the donors on a prorated basis based on the original donated value
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22 and returned at its original donor value and reinstated to the
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23 annual leave balance of each donor.
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 1 L. All donated sick leave must shall be given voluntarily. No
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2 employee shall be coerced, threatened, intimidated, or financially
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3 induced into donating sick leave for purposes of the leave sharing
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4 program.
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5 M. In addition to the sick leave sharing program provided for
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6 in this section, the board of education of each school district may
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7 establish a sick leave sharing bank for all district employees. A
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8 district employee may donate sick leave to a common fund which may
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9 be used by any district employee who is eligible to receive shared
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10 leave as set forth in subsection A of this section. The terms and
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11 conditions for donation and use of sick leave to a leave sharing
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12 bank shall be subject to the provisions of this section, unless
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13 negotiations, entered into pursuant to Section 509.1 et seq. of this
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14 title, between district employees and the school district establish
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15 terms and conditions for a sick leave sharing bank in excess of
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16 those provided for in this section.
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17 SECTION 5. This act shall become effective July 1, 2023.
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18 SECTION 6. It being immediately necessary for the preservation
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19 of the public peace, health, or safety, an emergency is hereby
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20 declared to exist, by reason whereof this act shall take effect and
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21 be in full force from and after its passage and approval.
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23 59-1-572 EB 1/15/2023 1:21:46 PM
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