§ 4316. Reemployment--Retention of seniority and other rights and benefits
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: April 21, 2021
Effective: April 21, 2021
44 Okl.St.Ann. § 4316
§ 4316. Reemployment--Retention of seniority and other rights and benefits
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. 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.
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.
5. The entitlement of a person to coverage under a health plan is provided for under Section 13 of this act.1
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.
2. For purposes of paragraph 1 of subsection E of Section 8 of this act,2 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.
Credits
Laws 2021, c. 122, § 12, emerg. eff. April 21, 2021.
44 Okl. St. Ann. § 4316, OK ST T. 44 § 4316
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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