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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 277 By: Dossett
COMMITTEE SUBSTITUTE
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; stating manner of
contributions; authorizing the Oklahoma Workforce
Commission to establish assessment for contributions;
providing for intermittent or reduced leave schedule;
requiring covered individuals to be protected during
use of benefits; providing for penalties; 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; requiring employers to
provide notice to employees; specifying contents of
notice; allowing for appeals; requiring the
Commission to make certain determinations during
certain time frame; allowing for disqualification of
benefits under certain conditions; providing self-
employed persons the option to participate in
program; specifying manner of option for self-
employed persons; establishing family and medical
leave insurance program; requiring the Commission to
establish and administer program; authorizing the
Commission to require and maintain certain
information under certain circumstances; requiring
the Commission to establish reasonable procedures and
forms for filing claims; specifying necessary
contents for filing; allowing health care providers
to submit certain information; providing for income
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tax considerations on benefits; establishing certain
fund; requiring the Commission to submit electronic
report to Legislature; specifying contents of report;
providing for enforcement of this act; establishing
procedure to process claims; allowing for certain
action to be taken against violators of this act
within certain time frame; 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 which wages were
paid to the individual in the incomplete calendar quarter in which
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 were
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 quarters 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. “CEO” means the Chief Executive Officer of the Oklahoma
Workforce Commission;
6. “Child” means, regardless of age, a biological, adopted or
foster child, stepchild or legal ward, a child to whom the covered
individual stands in loco parentis, or a person to whom the covered
individual stood in loco parentis when the person was a minor;
7. “Commission” means the Oklahoma Workforce Commission;
8. “Covered individual” means any person who:
a. meets one of the following requirements:
(1) earned an amount determined each year by the
Commission from work in the state during the
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person’s base period or alternative base period
prior to submitting an application, or
(2) is self-employed, elects coverage, and meets the
requirements of Section 14 of this act,
b. meets the administrative requirements provided in this
act, and
c. submits an application;
9. “Employee” means any person permitted to work by an
employer;
10. “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;
11. “Family and medical leave insurance benefits” means the
benefits provided in this act;
12. “Family member” means:
a. a child,
b. a biological, adoptive, or foster parent, stepparent,
or legal guardian of a covered individual or a covered
individual’s spouse, or a person who stood in loco
parentis when the covered individual or the covered
individual’s spouse was a minor child,
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c. a person to whom the covered individual is legally
married under the laws of any state, or
d. a grandparent, grandchild, or sibling, whether a
biological, foster, adoptive, or step relationship, of
any covered individual or the covered individual’s
spouse;
13. “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 services in the practice of a profession or in
the ordinary course of business;
14. “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 limited 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 employer pursuant to Section 15 of
this act,
c. failing to accurately and timely complete and return
an application for family and medical leave insurance
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benefits as may be required from an employer pursuant
to Section 15 of this act, and
d. providing the Commission with inaccurate or incomplete
information about an employee’s wages or employment as
it relates to the employee’s eligibility for family
and medical leave insurance benefits;
15. “Paid family and medical leave” means leave taken from
employment or self-employment in connection with family and medical
leave insurance benefits pursuant to this act;
16. “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 adverse action against an employee.
Retaliatory personnel action shall also include interference with or
punishment for participating in or assisting an investigation,
complaint, proceeding, or hearing under this act; and
17. “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 or after the effective date of this act, a covered individual
shall have the right to take paid family and medical leave and to
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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; and
2. Meets one of the following requirements:
a. is caring for a new child because of birth, adoption,
or placement through foster care within twelve (12)
months of the anticipated birth, 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, or
d. 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 subparagraph a, b, or d of
paragraph 2 of Section 3 of this act and for which family and
medical leave insurance benefits are payable under subparagraph a,
b, or d of paragraph 2 of Section 3 of this act in an application
year shall not exceed twelve (12) weeks.
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 within thirty
(30) days after the first day of the approved claim, whichever is
later, and subsequent payments shall be made in accordance with
rules set forth by the Commission. Family and medical leave
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 benefits payable to a covered individual shall be
calculated as follows:
1. The portion of a covered individual’s average weekly wage
that is equal to or less than fifty percent (50%) of the statewide
average weekly wage shall be replaced at a rate of ninety percent
(90%); and
2. The portion of a covered individual’s average weekly wage
that exceeds fifty percent (50%) of the statewide average weekly
wage shall be replaced at a rate of fifty percent (50%).
B. The calculation of a covered individual’s average weekly
wage in accordance with this subsection shall be as follows:
1. If at the time the leave commences the wages are fixed by
the week, the amount so fixed shall be the average weekly wage;
2. If at the time the leave commences the wages are fixed by
the month, the average weekly wage shall be the monthly wage so
fixed multiplied by twelve and divided by fifty-two;
3. If at the time the leave commences the wages are fixed by
the year, the average weekly wage shall be the yearly wage divided
by fifty-two; and
4. If at the time the leave commences the wages are fixed by a
manner not provided in paragraph 1, 2, or 3 of this subsection, the
Oklahoma Workforce Commission shall promulgate rules to determine
the average weekly wage for the employee.
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C. Family and medical leave insurance benefits are not payable
until the covered individual accumulates at least four (4) hours of
family and medical leave. To be eligible to file a benefits claim,
a covered individual shall:
1. Have worked at least eighteen (18) weeks during the twelve-
month period prior to submitting a claim; and
2. Not be employed by an employer that has been issued a waiver
under Section 3-310 of Title 40 of the Oklahoma Statutes.
D. 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 spent 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 Commission. A covered individual with multiple jobs may elect
whether to take leave from one job or multiple jobs.
E. 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 under the Employment
Security Act of 1980.
2. During any period of leave pursuant 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
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covered individual receives under Title 85A of the Oklahoma
Statutes.
F. The Commission shall promulgate the rules necessary to
administer the provisions of this section, including procedures to
investigate complaints under this act.
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 in 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 Oklahoma Workforce Commission.
C. Annually, beginning in the fiscal year after the effective
date of this act, and each fiscal year thereafter, the Commission
shall set the contribution rate for the subsequent fiscal year based
on a percent of employee wages and at 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 payment of those benefits during the previous
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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 coverage under this act
shall remit contribution amount pursuant to this section directly to
the Commission.
E. An employer may deduct a percentage of the contribution
required for an employee by this section, as determined by the
Commission, 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 assessed a penalty as determined
by the Commission for each year the employer so failed to comply in
addition to any amounts previously 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 subsection 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
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individual’s eligibility for paid family and medical leave and
family and medical leave insurance benefits 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:
A. A covered individual shall be entitled to take paid family
and medical leave on an intermittent or reduced leave schedule in
which all of the leave authorized under this act is not taken
sequentially. Family and medical leave insurance benefits for an
intermittent or reduced 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 leave than required pursuant to Section 4
of this act.
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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 exercises 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
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 section.
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 benefits and that
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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 21 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:
A. It shall be unlawful for an employer or any other person to
commit interference or restrain 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 otherwise discriminate against a
person because that person exercised rights protected 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 Oklahoma
Workforce Commission 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
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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.
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
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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
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
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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.
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. Such notice shall include:
1. The employee’s right to family and medical leave insurance
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 continuation under
Section 8 of this act;
5. That discrimination and retaliatory personnel 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
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6. That the employee has a right to file a complaint for
violations of this act.
B. Any employer that violates subsection A of this section
shall be assessed a fine of One Hundred Dollars ($100.00) per day
per employee for each violation. 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.
C. Employees shall provide notice of their intention to take
leave to their employers under this act; provided, that when the
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 Section 950.11 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. The Chief Executive Officer (CEO) of the Oklahoma Workforce
Commission shall establish a system for an aggrieved individual to
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 CEO 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 Commission’s determination on appeal, an
aggrieved individual may seek judicial review in court.
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C. The CEO 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 any future
family and medical leave insurance benefits if the individual is
determined by the Chief Executive Officer (CEO) of the Oklahoma
Workforce Commission to have willfully and knowingly made a false
statement or misrepresentation regarding a material fact, or
willfully and knowingly failed to report a material fact, to obtain
benefits under this act. A covered individual may appeal such
determination by the CEO.
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 Commission shall seek repayment of benefits
from the recipient. The CEO 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:
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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 Chief Executive Officer
(CEO) of the Oklahoma Workforce Commission, as required by the
Commission. 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
Commission deems necessary.
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 CEO may
prescribe by rule, by filing written notice with the CEO, 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
Commission shall promulgate by rule, if:
1. The person is no longer a self-employed person; or
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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 Oklahoma Workforce Commission shall establish and
administer family and medical leave insurance, collect
contributions, and pay family and medical leave insurance benefits
as specified in this act. The provisions of this act shall be
administered and implemented by the Commission. The Commission
shall be the entity that collects contributions, processes and
determines claims for family and medical leave insurance benefits,
and administers appeals to the Commission pursuant to Section 12 of
this act.
B. The Commission shall notify the employer within five (5)
business days of a claim being filed pursuant to this act. The
Commission is not required to receive any acknowledgement or repose
from the employer before processing the applicant’s claim.
C. The Commission may use information-sharing and integration
technology to facilitate the disclosure of relevant information or
records to the extent permitted under state and federal privacy 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
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disclosed or made open to public inspection, other than to public
employees in the course of official 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 Chief Executive Officer of the Oklahoma Workforce
Commission shall promulgate any rules necessary to implement the
provisions of this act.
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 Oklahoma Workforce
Commission 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.
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 Commission may waive the ninety-day filing
deadline for good cause. Exact dates of absence are not required
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for the Commission to process a claim, and claim data may be
adjusted through a claims modification process as established by the
Commission.
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;
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 provider of the child,
an adoption agency involved in the adoption, or by other
individuals, as determined by the Commission, that confirms the
adoption or anticipated 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 Commission, 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 taking 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
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condition commenced, the probable duration of the condition, the
appropriate medical facts within the knowledge of the health care
provider as required by the Commission, a statement that the covered
individual is needed to care for the family member, and an estimate
of the amount of time that the covered individual is needed to care
for the family member.
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 Commission.
F. An application for family and medical leave insurance
benefits, including certification pursuant to this section, shall be
submitted electronically, by mail, or by another method specified by
the Commission.
G. 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.
H. A health care provider shall provide a certification 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 requires 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 administrative 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 Oklahoma Workforce Commission shall inform
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 pertaining 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 as 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
Oklahoma Workforce Commission 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 pursuant 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 Oklahoma
Workforce Commission shall submit electronically 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. Average weekly benefit;
3. Average leave duration as a result of paragraph 2 of Section
3 of this act;
4. Contribution rates;
5. Current and projected fund balances;
6. Processing times for initial claims processing and
determinations;
7. State reasons for claim denials;
8. Number of appeals filed and outcomes related to appeals;
9. Average length of time between application and receipt of
benefits; and
10. For leaves taken under subparagraph b of paragraph 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.
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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 of this act, the Oklahoma Workforce
Commission shall conduct a public education campaign to educate
workers and employers about the availability of family and medical
leave insurance benefits under this act, including certification
requirements pursuant to Section 16 of this act. The Commission 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
twelve (12) months after the violation occurs or the individual
should reasonably have known that the violation occurred, whichever
is later:
1. File a complaint with the Oklahoma Workforce Commission
alleging the violation; or
2. Bring a civil action in a court of competent jurisdiction.
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B. The Commission shall process complaints filed pursuant to
paragraph 1 of subsection A of this section in the same manner as
complaints filed under Title 40 of the Oklahoma Statutes are
processed. If the Commission finds that an employer has violated
Section 8 or 9 of this act, the Commission shall:
1. Order the employer to take action to remedy the violation,
which may include:
a. providing the requested family or medical leave,
b. reinstating an employee,
c. providing for up to one (1) year of back pay,
d. interest on the amount described in subparagraph c of
this paragraph calculated at the prevailing 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 Commission deems appropriate; and
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.
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C. An individual or the Commission 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 Commission. 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 twelve (12)
months after the completion of such proceeding.
SECTION 22. This act shall become effective November 1, 2026.
60-2-3699 BRC 2/24/2026 8:38:49 PM