§ 4313. Employees of state government or political subdivisions--Reemployment
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: April 21, 2021
Effective: April 21, 2021
44 Okl.St.Ann. § 4313
§ 4313. Employees of state government or political subdivisions--Reemployment
A. Subject to subsection B of this section for any employee, and Sections 10 and 11 of this act1 for an employee of a state government or a political subdivision thereof, a person who is entitled to reemployment under Section 8 of this act,2 upon completion of a period of service in the state military forces, shall be promptly reemployed in the following order of priority:
b. in the position of employment in which the person was employed on the date of the commencement of the service in the state military forces, only if he or she is not qualified to perform the duties of the position referred to in subparagraph a of this paragraph after reasonable efforts by the employer to qualify the person;
b. in the position of employment in which the person was employed on the date of the commencement of the service in the state military forces, or a position of like seniority, status and pay, the duties of which he or she is qualified to perform, only if he or she is not qualified to perform the duties of a position referred to in subparagraph a of this paragraph after reasonable efforts by the employer to qualify the person;
3. For a person who has a disability incurred in, or aggravated during, the service, and who, after reasonable efforts by the employer to accommodate the disability, is not qualified due to the disability to be employed in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by the service:
cannot become qualified with reasonable efforts by the employer, in any other position which is the nearest approximation to a position referred to first in subparagraph a of this paragraph and then in subparagraph b of this paragraph which such person is qualified to perform, with full seniority.
a. except as provided in subparagraph b of this paragraph, in any other position of employment referred to in paragraph 1 or 2 of subsection A of this section, as the case may be, in the order of priority set out in subsection A of this section, that provides a similar status and pay to a position of employment referred to in paragraph 1 of this subsection, consistent with the circumstances of his or her case, with full seniority, or
b. for a person who has a disability incurred in, or aggravated during, a period of service in the state military forces that requires reasonable efforts by the employer for the person to be able to perform the duties of the position of employment, in any other position referred to in paragraph 3 of subsection A of this section, in the order of priority set out in subsection A of this section, that provides a similar status and pay to a position referred to in paragraph 1 of this subsection, consistent with circumstances of his or her case, with full seniority.
Credits
Laws 2021, c. 122, § 9, emerg. eff. April 21, 2021.
44 Okl. St. Ann. § 4313, OK ST T. 44 § 4313
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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