{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-4313","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-4313","heading":"Employees of state government or political subdivisions -","body":"Reemployment.\n\nA. Subject to subsection B of this section for any employee,\n\nand Sections 10 and 11 of this act for an employee of a state\n\ngovernment or a political subdivision thereof, a person who is\n\nentitled to reemployment under Section 8 of this act, upon\n\ncompletion of a period of service in the state military forces,\n\nshall be promptly reemployed in the following order of priority:\n\n1. Except as provided in paragraphs 3 and 4 of this subsection,\n\nfor a person whose period of service in the state military forces\n\nwas for less than ninety-one (91) days:\n\na. in the position of employment in which the person\n\nwould have been employed if the continuous employment\n\nof the person with the employer had not been\n\ninterrupted by the service, the duties of which the\n\nperson is qualified to perform, or\n\nb. in the position of employment in which the person was\n\nemployed on the date of the commencement of the\n\nservice in the state military forces, only if he or\n\nshe is not qualified to perform the duties of the\n\nposition referred to in subparagraph a of this\n\nparagraph after reasonable efforts by the employer to\n\nqualify the person;\n\n2. Except as provided in paragraphs 3 and 4 of this subsection,\n\nfor a person whose period of service in the state military forces\n\nwas for more than ninety (90) days:\n\na. in the position of employment in which the person\n\nwould have been employed if the continuous employment\n\nof the person with the employer had not been\n\ninterrupted by the service, or a position of like\n\nseniority, status and pay, the duties of which he or\n\nshe is qualified to perform, or\n\nb. in the position of employment in which the person was\n\nemployed on the date of the commencement of the\n\nservice in the state military forces, or a position of\n\nlike seniority, status and pay, the duties of which he\n\nor she is qualified to perform, only if he or she is\n\nnot qualified to perform the duties of a position\n\nreferred to in subparagraph a of this paragraph after\n\nreasonable efforts by the employer to qualify the\n\nperson;\n\n3. For a person who has a disability incurred in, or aggravated\n\nduring, the service, and who, after reasonable efforts by the\n\nemployer to accommodate the disability, is not qualified due to the\n\ndisability to be employed in the position of employment in which the\n\nperson would have been employed if the continuous employment of the\n\nperson with the employer had not been interrupted by the service:\n\na. in any other position which is equivalent in\n\nseniority, status, and pay, the duties of which he or\n\nshe is qualified to perform or would become qualified\n\nto perform with reasonable efforts by the employer, or\n\nb. if not employed under subparagraph a of this\n\nparagraph, in a position which is the nearest\n\napproximation to a position referred to in\n\nsubparagraph a of this paragraph in terms of\n\nseniority, status, and pay consistent with\n\ncircumstances of his or her case; or\n\n4. For a person who is not qualified pursuant to subparagraph a\n\nof paragraph 2 of this subsection to be employed in the position of\n\nemployment in which he or she:\n\na. would have been employed if the continuous employment\n\nof the person with the employer had not been\n\ninterrupted by the service, or\n\nb. was employed on the date of the commencement of the\n\nservice in the state military forces for any reason,\n\nother than disability incurred in, or aggravated\n\nduring, service in the state military forces, and\n\ncannot become qualified with reasonable efforts by the employer, in\n\nany other position which is the nearest approximation to a position\n\nreferred to first in subparagraph a of this paragraph and then in\n\nsubparagraph b of this paragraph which such person is qualified to\n\nperform, with full seniority.\n\nB. 1. If two or more persons are entitled to reemployment\n\nunder Section 8 of this act in the same position of employment and\n\nmore than one of them has reported for such reemployment, the person\ne nearest approximation to a position\n\nreferred to first in subparagraph a of this paragraph and then in\n\nsubparagraph b of this paragraph which such person is qualified to\n\nperform, with full seniority.\n\nB. 1. If two or more persons are entitled to reemployment\n\nunder Section 8 of this act in the same position of employment and\n\nmore than one of them has reported for such reemployment, the person\n\nwho left the position first shall have the prior right to\n\nreemployment in that position.\n\n2. Any person entitled to reemployment under Section 8 of this\n\nact who is not reemployed in a position of employment by reason of\n\nparagraph 1 of this subsection shall be entitled to be reemployed as\n\nfollows:\n\na. except as provided in subparagraph b of this\n\nparagraph, in any other position of employment\n\nreferred to in paragraph 1 or 2 of subsection A of\n\nthis section, as the case may be, in the order of\n\npriority set out in subsection A of this section, that\n\nprovides a similar status and pay to a position of\n\nemployment referred to in paragraph 1 of this\n\nsubsection, consistent with the circumstances of his\n\nor her case, with full seniority, or\n\nb. for a person who has a disability incurred in, or\n\naggravated during, a period of service in the state\n\nmilitary forces that requires reasonable efforts by\n\nthe employer for the person to be able to perform the\n\nduties of the position of employment, in any other\n\nposition referred to in paragraph 3 of subsection A of\n\nthis section, in the order of priority set out in\n\nsubsection A of this section, that provides a similar\n\nstatus and pay to a position referred to in paragraph\n\n1 of this subsection, consistent with circumstances of\n\nhis or her case, with full seniority.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9b381ddd8bb6fe875b84e5252a457d00e83ff455006fbd7a55de46c79040b8b4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-4312","next":"us-ok/okla.-stat.-tit.-44-44-4314"},"notice":"GroundRules: Original legal text. Not legal advice."}