Okla. Stat. tit. 70, § 70-6-104.6

A. The board of education of each school district may establish

a leave sharing program for all district employees. The program

shall permit district employees to donate sick leave to a fellow

district employee who is pregnant or recovering from childbirth or

who is suffering from or has a relative or household member

suffering from an extraordinary or severe illness, injury,

impairment, or physical or mental condition which has caused or is

likely to cause the employee to take leave without pay or to

terminate employment.

B. As used in this section:

1. “Relative of the employee” means a spouse, child, stepchild,

grandchild, grandparent, stepparent, or parent of the employee;

2. “Household members” means those persons who reside in the

same home, who have reciprocal duties to and do provide financial

support for one another. This term shall include foster children

and legal wards even if they do not live in the household. The term

does not include persons sharing the same general house, when the

living style is primarily that of a dormitory or commune;

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3. “Severe” or “extraordinary” means serious, extreme, or life-

threatening including temporary disability resulting from pregnancy,

miscarriage, childbirth, and recovery therefrom; and

4. “District employee” means a teacher or any full-time

employee of the school district.

C. A district employee may be eligible to receive shared leave

pursuant to the following conditions:

1. The board of education determines that the employee meets

the criteria described in this section; and

2. The employee has abided by district policies regarding the

use of sick leave.

D. A district employee may donate annual leave to another

district employee only pursuant to the following conditions:

1. The receiving employee has exhausted, or will exhaust,

maternity leave granted pursuant to Section 1 of this act or sick

leave earned pursuant to Section 6-104 of this title due to

pregnancy, miscarriage, childbirth and recovery therefrom, an

illness, injury, impairment, or physical or mental condition, which

is of an extraordinary or severe nature, and involves the employee,

a relative of the employee, or household member;

2. The condition has caused, or is likely to cause, the

employee to go on leave without pay or to terminate employment;

3. The board of education of the district permits the leave to

be shared with an eligible employee;

4. The amount of leave to be donated is within the limits set

by the board of education of the district; and

5. District employees may not donate excess sick leave that the

donor would not be able to otherwise take.

E. The board of education of each school district shall

determine the amount of donated leave an employee may receive.

F. The board of education shall require the employee to submit,

prior to approval or disapproval, a medical certificate from a

licensed physician or health care practitioner verifying the severe

or extraordinary nature and expected duration of the condition.

G. Donated sick leave is transferable between employees of

different school districts in the state with the agreement of both

boards of education of each school district.

H. The receiving employee shall be paid the regular rate of pay

of the employee. The sick leave received will be designated as

shared sick leave and be maintained separately from all other sick

leave balances.

I. Any donated sick leave may only be used by the recipient for

the purposes specified in this section.

J. Maternity leave granted pursuant to Section 1 of this act

and sick leave earned pursuant to Section 6-104 of this title

available for use by the recipient shall be used prior to using

shared sick leave.

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K. Any shared sick leave not used by the recipient during each

occurrence as determined by the board of education shall be returned
section.

J. Maternity leave granted pursuant to Section 1 of this act

and sick leave earned pursuant to Section 6-104 of this title

available for use by the recipient shall be used prior to using

shared sick leave.

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K. Any shared sick leave not used by the recipient during each

occurrence as determined by the board of education shall be returned

to the donor. The shared sick leave remaining will be divided among

the donors on a prorated basis based on the original donated value

and returned at its original donor value and reinstated to the

annual leave balance of each donor.

L. All donated sick leave shall be given voluntarily. No

employee shall be coerced, threatened, intimidated, or financially

induced into donating sick leave for purposes of the leave sharing

program.

M. In addition to the sick leave sharing program provided for

in this section, the board of education of each school district may

establish a sick leave sharing bank for all district employees. A

district employee may donate sick leave to a common fund which may

be used by any district employee who is eligible to receive shared

leave as set forth in subsection A of this section. The terms and

conditions for donation and use of sick leave to a leave sharing

bank shall be subject to the provisions of this section, unless

negotiations, entered into pursuant to Section 509.1 et seq. of this

title, between district employees and the school district establish

terms and conditions for a sick leave sharing bank in excess of

those provided for in this section.