All officers and employees of the state or a political subdivision thereof who are not members of the state military forces shall be entitled to a leave of absence from their regular employment with the State of Oklahoma or a political subdivision thereof, without loss of status or efficiency rating, when detailed as a military trial judge pursuant to Section 826 of this title (Article 26) or when serving as an appellate military judge pursuant to Section 866 of this title (Article 66) when the Military Court of Appeals is convened. The rules of procedure prescribed by the State Judge Advocate pursuant to subsection L of Section 866 of this title (Article 66, subsection L) shall define what constitutes the Military Court of Appeals being "convened" for purposes of this section. During the first thirty (30) regularly scheduled work days, not to exceed two hundred forty (240) hours, of the leave of absence in any federal fiscal year, officers and employees of the State of Oklahoma or a political subdivision thereof detailed or serving as military trial judges or military appellate judges shall receive their full regular pay from the employing state agency or political subdivision. During the remainder of the leave of absence in any federal fiscal year, the employing state agency or political subdivision shall pay such officers and employees an amount equal to the difference between the full regular pay of the officers or employees from the employing state agency or political subdivision and the amount of compensation established for military trial judges in subsection H of Section 826 of this title (Article 26, subsection H) in the case of a military trial judge or the amount of compensation established for appellate military judges in subsection E of Section 866 of this title (Article 66, subsection E) in the case of a military appellate judge. Leave taken pursuant to this section shall be characterized as military judicial leave. The Office of Management and Enterprise Services shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.
Added by Laws 1935, p. 92, § 5, emerg. eff. April 19, 1935. Amended by Laws 1973, c. 275, § 1, emerg. eff. May 30, 1973; Laws 1988, c. 31, § 1, eff. Oct. 1, 1988; Laws 1991, c. 232, § 3, emerg. eff. May 24, 1991; Laws 1994, c. 94, § 2, eff. July 1, 1994; Laws 2000, c. 240, § 3, eff. Nov. 1, 2000; Laws 2002, c. 396, § 1, emerg. eff. June 5, 2002; Laws 2003, c. 212, § 1, eff. July 1, 2003; Laws 2005, c. 437, § 2, eff. July 1, 2005; Laws 2006, c. 156, § 1, eff. Oct. 1, 2006; Laws 2012, c. 304, § 154; Laws 2017, c. 80, § 1, eff. Nov. 1, 2017; Laws 2021, c. 12, § 6, emerg. eff. April 13, 2021.