§70-6-104.8. Paid maternity leave.
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/ok/title-70-schools/70-6-104-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. 1. Full-time employees of a public school district in this state who have been employed by the school district for at least one year and have worked at least one thousand two hundred fifty (1,250) hours during the preceding twelve-month period;
2. Persons employed full time as classroom instructional employees of technology center school districts supervised by the State Board of Career and Technology Education who have been employed by the technology center school district for at least one
year and have worked at least one thousand two hundred fifty (1,250) hours during the preceding twelve-month period;
3. Persons employed as teachers by the State Department of Rehabilitation Services who have been employed by the State Department of Rehabilitation Services for at least one year and have worked at least one thousand two hundred fifty (1,250) hours during the preceding twelve-month period;
4. Persons employed full time as correctional teachers or vocational instructors by the Department of Corrections pursuant to Section 510.6a of Title 57 of the Oklahoma Statutes who have been employed by a Department of Corrections facility for at least one year and have worked at least one thousand two hundred fifty (1,250) hours during the preceding twelve-month period; and
5. Persons employed full time as teachers by the Office of Juvenile Affairs who have been employed by an Office of Juvenile Affairs facility for at least one year and have worked at least one thousand two hundred fifty (1,250) hours during the preceding twelve-month period, shall be entitled to six
(6)weeks of paid maternity leave following the birth of the employee's child. The six
(6)weeks of paid maternity leave shall be used immediately following the birth of the school district employee's child.
B. 1. Paid maternity leave provided pursuant to paragraphs 1, 2, and 3 of subsection A of this section shall be in addition to and not in place of sick leave due to pregnancy, as authorized by Section 6-104 of this title.
2. Paid maternity leave provided pursuant to paragraph 4 of subsection A of this section shall be in addition to and not in place of sick leave due to pregnancy, as authorized by Section 510.6a of Title 57 of the Oklahoma Statutes.
3. Paid maternity leave provided pursuant to paragraph 5 of subsection A of this section shall be in addition to and not in place of sick leave due to pregnancy, as authorized by Section 2-7- 202 of Title 10A of the Oklahoma Statutes.
C. 1. Employees described in subsection A of this section shall have the right to utilize accrued sick leave to extend the duration of their maternity leave beyond the six
(6)weeks provided by this section. Such sick leave may be used for recovery from childbirth, bonding with a newborn, or caring for a newborn, and shall not require additional approval from a school board or employer, provided the employee has sufficient sick leave to cover the extended duration. Sick leave used pursuant to this subsection shall not exceed six
(6)weeks, unless a licensed medical professional provides written certification recommending additional leave for medical necessity related to the employee's recovery from child birth, or for the care of the newborn, to achieve a combined
twelve
(12)weeks of FMLA leave in accordance with paragraph 2 of this subsection.
2. An employee seeking to use sick leave to extend the duration of their maternity leave shall notify their employer in accordance with the Family and Medical Leave Act of 1993 (FMLA). FMLA leave shall run concurrently with the paid sick leave extended duration.
D. An employee who takes maternity leave pursuant to the provisions of subsection A of this section shall not be deprived of any compensation or other benefits to which the employee is otherwise entitled.
E. Each fiscal year, the Legislature shall appropriate adequate funding to the Public School Paid Maternity Leave Revolving Fund created in Section 6-104.9 of this title for the purpose of providing paid maternity leave to eligible school district employees pursuant to paragraph 1 of subsection A of this section. If the Legislature does not appropriate adequate funding specifically for the purpose of providing paid maternity leave to school district employees, the State Board of Education shall allocate from the funds appropriated to the State Board of Education for the support of public school activities an amount to fully fund paid maternity leave.
F. The State Board of Education, the State Board of Career and Technology Education, the Commission for Rehabilitation Services, the State Board of Corrections, and the Board of Juvenile Affairs may promulgate rules to implement the provisions of this section. Added by Laws 2023, c. 291, § 1, eff. July 1, 2023. Amended by Laws 2025, c. 57, § 3, eff. Nov. 1, 2025.