Reemployment – Retention of seniority and other rights and benefits.

  1. Law
  2. Oklahoma Statutes
  3. Militia
  4. Reemployment – Retention of seniority and other rights and benefits.

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A. A person who is reemployed under the Oklahoma Uniformed Services Employment and Reemployment Rights Act is entitled to the seniority and other rights and benefits determined by seniority that he or she had on the date of the commencement of service in the state military forces plus the additional seniority and rights and benefits that he or she would have attained if he or she had remained continuously employed.

B. 1. Subject to paragraphs 2 through 5 of this subsection, a person who is absent from a position of employment by reason of service in the state military forces shall be:

  • a.deemed to be on furlough or leave of absence while performing such service, and
  • b.entitled to other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of the service or established while such person performs the service.

2.a.Subject to subparagraph b of this paragraph, a person who:

    • (1)is absent from a position of employment by reason of service in the state military forces, and
    • (2)knowingly provides written notice of intent not to return to a position of employment after service in the state military forces,
  • is not entitled to rights and benefits under subparagraph b of paragraph 1 of this subsection.
  • b.For the purposes of subparagraph a of this paragraph, the employer shall have the burden of proving that a person knowingly provided clear written notice of intent not to return to a position of employment after service in the state military forces and, in doing so, was aware of the specific rights and benefits to be lost under subparagraph a of this paragraph.

3. A person deemed to be on furlough or leave of absence under this subsection while serving in the state military forces shall not be entitled to any benefits under this subsection which he or she would not otherwise be entitled if he or she had remained continuously employed.

4. A person may be required to pay the employee cost, if any, of any funded benefit continued pursuant to paragraph 1 of this subsection to the extent other employees on furlough or leave of absence are so required.

5. The entitlement of a person to coverage under a health plan is provided for under Section 13 of this act.

C. A person who is reemployed by an employer under the Oklahoma Uniformed Services Employment and Reemployment Rights Act shall not be discharged from such employment, except for cause:

1. Within one (1) year after the date of reemployment, if his or her period of service before the reemployment was more than one hundred eighty (180) days; or

2. Within one hundred eighty (180) days after the date of reemployment, if his or her period of service before the reemployment was more than thirty (30) days but less than one hundred eighty-one (181) days.

D. Any person whose employment is interrupted by a period of service in the state military forces shall be permitted, upon request of the person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. No employer may require any such person to use vacation, annual, or similar leave during the period of service.

E. 1. An employer shall grant an employee who is a member of the state military forces an authorized leave of absence from a position of employment to allow that employee to perform funeral honors duty as authorized by 10 U.S.C., Section 12503 or 32 U.S.C., Section 115.

2. For purposes of paragraph 1 of subsection E of Section 8 of this act, an employee who takes an authorized leave of absence pursuant to this subsection is deemed to have notified the employer of the employee's intent to return to such position of employment.

Added by Laws 2021, c. 122, § 12, emerg. eff. April 21, 2021.


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