Bill Text For SB0807 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 58th Legislature (2021)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 807                         By: Kidd, Stephens and Boren of   |
 5|                                         the Senate                    |
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 6|                                         and                           |
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 7|                                         Baker of the House            |
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10|       An Act relating to school support employees; amending           |
  |       70 O.S. 2011, Section 6-104, as amended by Section 1,           |
11|       Chapter 21, O.S.L. 2017 (70 O.S. Supp. 2020, Section            |
  |       6-104), which relates to benefits for teachers and              |
12|       other school personnel; directing that support                  |
  |       employees be entitled to pay for certain lost time;             |
13|       providing an effective date; and declaring an                   |
  |       emergency.                                                      |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 6-104, as      |
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18|amended by Section 1, Chapter 21, O.S.L. 2017 (70 O.S. Supp. 2020,     |
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19|Section 6-104), is amended to read as follows:                         |
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20|    Section 6-104.  A.  1.  The board of education of each school      |
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21|district in the state shall provide for sick leave for all teachers    |
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22|employed in the district and shall pay such teachers the full amount   |
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23|of their contract salaries during any absence from their regular       |
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24|school duties for a period of time and under such conditions as the    |
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arsid7419286 SB807 HFLR                                            Page 1
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 1|board may determine, but not less than the minimum benefits            |
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 2|hereafter specified.  Payment for sick leave shall be made on the      |
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 3|basis of the current salary rate then in effect for the teacher        |
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 4|receiving the payment.  The plan shall provide that a teacher may be   |
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 5|absent from his or her duties due to personal accidental injury,       |
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 6|illness or pregnancy, or accidental injury or illness in the           |
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 7|immediate family without the loss of salary for not to exceed ten      |
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 8|(10) days during each school year, except that said absence without    |
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 9|loss of salary for teachers employed on an eleven-month contract       |
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10|shall not exceed eleven (11) days during each school year and for      |
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11|those teachers employed on a twelve-month contract shall not exceed    |
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12|twelve (12) days during each school year, if said contract is for      |
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13|the work period, and not merely for pay purposes.  The right to such   |
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14|leave shall vest at the beginning of the school year.  Each school     |
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15|district shall provide for all teachers a minimum of three (3) days    |
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16|for personal business leave, upon the request of the teacher.          |
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17|Salary deductions for such leave shall not exceed the salary level     |
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18|for substitute teachers.  Provided further, that these terms for       |
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19|personal business leave shall not negate any locally negotiated        |
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20|leave policies which exceed the minimum benefits stated above.  Each   |
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21|school district may provide not more than five (5) days each year      |
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22|for emergency leave.  Each school district will determine the          |
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23|purposes for which emergency leave can be used.  Those days shall      |
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24|not be chargeable to sick leave and will be noncumulative.  Unused     |
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arsid7419286 SB807 HFLR                                            Page 2
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 1|sick leave shall be cumulative up to a total of sixty (60) days, and   |
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 2|cumulative sick leave shall be transferable to another school          |
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 3|district or to the Oklahoma School for the Blind or the Oklahoma       |
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 4|School for the Deaf where the teacher is employed the next             |
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 5|succeeding school year, provided that the number of days transferred   |
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 6|shall not exceed the maximum days permitted by the receiving school    |
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 7|and that such transferred days shall be used first in case of          |
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 8|illness and, provided further, that if the receiving school pays       |
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 9|teachers for unused sick leave upon retirement or termination of       |
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10|contract, then said payments shall be for only those days              |
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11|accumulated in the receiving school.  The school board of the          |
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12|sending district shall certify the exact number of days eligible for   |
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13|transfer.                                                              |
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14|    2.  If a teacher is employed at the Oklahoma School for the        |
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15|Blind or the Oklahoma School for the Deaf after July 1, 2017, any      |
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16|unused sick leave up to a total of sixty (60) days that is             |
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17|accumulated at a school district prior to such date shall be           |
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18|transferable.                                                          |
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19|    B.  The plan of each school district for sick leave benefits may   |
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20|include other terms and conditions, but shall not provide less sick    |
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21|leave benefits than those prescribed herein.  Hospital and medical     |
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22|proceeds may not be charged against sick leave benefits, but the       |
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23|proceeds received by the teacher from any insurance provided by the    |
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24|district for loss of compensable time may be charged against sick      |
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arsid7419286 SB807 HFLR                                            Page 3
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 1|leave benefits.  Provided the board of education may provide all or    |
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 2|part of hospital and medical benefits, and sickness, accident,         |
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 3|health and life insurance or any of the aforesaid for any or all of    |
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 4|its employees.  On authorization of the teacher, the district may      |
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 5|approve payroll deductions for such teacher's portion of the           |
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 6|aforesaid.                                                             |
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 7|    C.  Each school district shall grant a teacher leave for jury      |
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 8|service or as a witness subpoenaed in a criminal, civil or juvenile    |
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 9|proceeding and shall pay the teacher during such service the full,     |
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10|current contract salary.  Provided that the district may deduct any    |
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11|compensation received for serving as a juror or witness from the       |
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12|teacher's salary during such service.                                  |
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13|    D.  1.  A school district shall also provide for benefits for      |
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14|personnel other than teachers.  Benefits for support personnel         |
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15|employees shall include provisions for paid sick leave of at least     |
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16|one (1) day per month of employment not to exceed the number of        |
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17|hours per day for which they are regularly employed cumulative to a    |
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18|total of sixty (60) days and cumulative sick leave shall be            |
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19|transferable to another school district where the person is employed   |
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20|the next succeeding school year; provided, that the number of days     |
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21|transferred shall not exceed the maximum days permitted by the         |
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22|receiving district and that such transferred days shall be used        |
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23|first in case of illness up to a maximum of ten (10) transferred       |
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24|days per school year unless the local board of education authorizes    |
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arsid7419286 SB807 HFLR                                            Page 4
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 1|the use of additional transferred days during the school year in an    |
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 2|amount set by the board and, provided further, that if the receiving   |
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 3|district pays such person for unused sick leave upon retirement or     |
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 4|termination of employment, then said payments shall be for only        |
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 5|those days accumulated in the receiving district.  The school board    |
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 6|of the sending district shall certify the exact number of days         |
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 7|eligible for transfer.  Each school district shall provide for all     |
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 8|support employees, a minimum of three (3) days for personal business   |
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 9|leave, upon the request of the support employee.  Salary deductions    |
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10|for personal business leave shall not exceed an amount necessary to    |
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11|cover the costs of services provided to the district by the support    |
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12|employee and shall not exceed the salary of the support employee.      |
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13|The terms for personal business leave provided by this subsection      |
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14|shall not negate any locally negotiated leave policies which exceed    |
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15|the minimum benefits stated above.  Payment for such leave shall be    |
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16|calculated with regard to the definition of "support employee"         |
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17|provided by Section 6-101.40 of this title.  Provided that such        |
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18|benefits shall not exceed those authorized for teachers hereunder.     |
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19|    2.  Support employees, as defined by Section 6-101.40 of this      |
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20|title, shall be entitled to pay for any time lost when school is       |
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21|closed on account of epidemics or otherwise when an order for such     |
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22|closing has been issued by a health officer authorized by law to       |
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23|issue the order.                                                       |
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24|    SECTION 2.  This act shall become effective July 1, 2021.          |
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arsid7419286 SB807 HFLR                                            Page 5
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 1|    SECTION 3.  It being immediately necessary for the preservation    |
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 2|of the public peace, health or safety, an emergency is hereby          |
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 3|declared to exist, by reason whereof this act shall take effect and    |
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 4|be in full force from and after its passage and approval.              |
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 6|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/31/2021   |
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arsid7419286 SB807 HFLR                                            Page 6
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