Reemployment - Director of Human Capital Management of the Office of Management and Enterprise Services duties.

  1. Law
  2. Oklahoma Statutes
  3. Militia
  4. Reemployment - Director of Human Capital Management of the Office of Management and Enterprise Services duties.

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A. Except as provided in subsections B, C and D of this section, if a person is entitled to reemployment by the state government under Section 8 of this act, he or she shall be reemployed in a position of employment as described in Section 9 of this act.

B. 1. If the Director of Human Capital Management of the Office of Management and Enterprise Services makes a determination described in paragraph 2 of this subsection with respect to a person who was employed by a state agency at the time he or she entered the state military forces from which he or she seeks reemployment under this section, the Director shall:

  • a.identify a position of like seniority, status, and pay at another state agency that satisfies the requirements of Section 9 of this act and for which the person is qualified, and
  • b.ensure that the person is offered such a position.

2. The Director shall carry out the duties in subparagraphs a and b of paragraph 1 of this subsection if the Director determines that:

  • a.the state agency that employed the person no longer exists and the functions of the agency have not been transferred to another state agency, or
  • b.it is impossible or unreasonable for the agency to reemploy the person.

C. If the employer of a person described in subsection A of this section was, at the time the person entered the state military forces from which the person seeks reemployment under this section, a part of the judicial branch or the legislative branch of the state and the employer determines that it is impossible or unreasonable for the employer to reemploy the person, the person shall, upon application to the Director of Human Capital Management of the Office of Management and Enterprise Services, be ensured an offer of employment in an alternative position in a state agency on the basis described in subsection B of this section.

D. If the Adjutant General determines it is impossible or unreasonable to reemploy a person who was a National Guard technician employed under 32 U.S.C., Section 709, the person shall, upon application to the Director of Human Capital Management of the Office of Management and Enterprise Services, be ensured an offer of employment in an alternative position in a state agency on the basis described in subsection B of this section.

Added by Laws 2021, c. 122, § 10, emerg. eff. April 21, 2021.


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