{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-4316","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-4316","heading":"Reemployment – Retention of seniority and other rights","body":"and benefits.\n\nA. A person who is reemployed under the Oklahoma Uniformed\n\nServices Employment and Reemployment Rights Act is entitled to the\n\nseniority and other rights and benefits determined by seniority that\n\nhe or she had on the date of the commencement of service in the\n\nstate military forces plus the additional seniority and rights and\n\nbenefits that he or she would have attained if he or she had\n\nremained continuously employed.\n\nB. 1. Subject to paragraphs 2 through 5 of this subsection, a\n\nperson who is absent from a position of employment by reason of\n\nservice in the state military forces shall be:\n\na. deemed to be on furlough or leave of absence while\n\nperforming such service, and\n\nb. entitled to other rights and benefits not determined\n\nby seniority as are generally provided by the employer\n\nof the person to employees having similar seniority,\n\nstatus, and pay who are on furlough or leave of\n\nabsence under a contract, agreement, policy, practice,\n\nor plan in effect at the commencement of the service\n\nor established while such person performs the service.\n\n2. a. Subject to subparagraph b of this paragraph, a person\n\nwho:\n\n(1) is absent from a position of employment by reason\n\nof service in the state military forces, and\n\n(2) knowingly provides written notice of intent not\n\nto return to a position of employment after\n\nservice in the state military forces,\n\nis not entitled to rights and benefits under\n\nsubparagraph b of paragraph 1 of this subsection.\n\nb. For the purposes of subparagraph a of this paragraph,\n\nthe employer shall have the burden of proving that a\n\nperson knowingly provided clear written notice of\n\nintent not to return to a position of employment after\n\nservice in the state military forces and, in doing so,\n\nwas aware of the specific rights and benefits to be\n\nlost under subparagraph a of this paragraph.\n\n3. A person deemed to be on furlough or leave of absence under\n\nthis subsection while serving in the state military forces shall not\n\nbe entitled to any benefits under this subsection which he or she\n\nwould not otherwise be entitled if he or she had remained\n\ncontinuously employed.\n\n4. A person may be required to pay the employee cost, if any,\n\nof any funded benefit continued pursuant to paragraph 1 of this\n\nsubsection to the extent other employees on furlough or leave of\n\nabsence are so required.\n\n5. The entitlement of a person to coverage under a health plan\n\nis provided for under Section 13 of this act.\n\nC. A person who is reemployed by an employer under the Oklahoma\n\nUniformed Services Employment and Reemployment Rights Act shall not\n\nbe discharged from such employment, except for cause:\n\n1. Within one (1) year after the date of reemployment, if his\n\nor her period of service before the reemployment was more than one\n\nhundred eighty (180) days; or\n\n2. Within one hundred eighty (180) days after the date of\n\nreemployment, if his or her period of service before the\n\nreemployment was more than thirty (30) days but less than one\n\nhundred eighty-one (181) days.\n\nD. Any person whose employment is interrupted by a period of\n\nservice in the state military forces shall be permitted, upon\n\nrequest of the person, to use during such period of service any\n\nvacation, annual, or similar leave with pay accrued by the person\n\nbefore the commencement of such service. No employer may require\n\nany such person to use vacation, annual, or similar leave during the\n\nperiod of service.\n\nE. 1. An employer shall grant an employee who is a member of\n\nthe state military forces an authorized leave of absence from a\n\nposition of employment to allow that employee to perform funeral\n\nhonors duty as authorized by 10 U.S.C., Section 12503 or 32 U.S.C.,\n\nSection 115.\n\n2. For purposes of paragraph 1 of subsection E of Section 8 of\n\nthis act, an employee who takes an authorized leave of absence\n1. An employer shall grant an employee who is a member of\n\nthe state military forces an authorized leave of absence from a\n\nposition of employment to allow that employee to perform funeral\n\nhonors duty as authorized by 10 U.S.C., Section 12503 or 32 U.S.C.,\n\nSection 115.\n\n2. For purposes of paragraph 1 of subsection E of Section 8 of\n\nthis act, an employee who takes an authorized leave of absence\n\npursuant to this subsection is deemed to have notified the employer\n\nof the employee's intent to return to such position of employment.","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":"bdca262cfc08dea32eb227e55f196ec57e74961d2df0c47db696438b16259f5c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-4315","next":"us-ok/okla.-stat.-tit.-44-44-4317"},"notice":"GroundRules: Original legal text. Not legal advice."}