Okla. Stat. tit. 44, § 44-4303

As used in the Oklahoma Uniformed Services Employment and

Reemployment Rights Act:

1. "Adjutant General" shall be defined in accordance with

Section 801 of Title 44 of the Oklahoma Statutes;

2. "Benefit", "benefit of employment", or "rights and benefits"

means the terms, conditions, or privileges of employment, including

any advantage, profit, privilege, gain, status, account, or

interest, including wages or salary for work performed, that accrues

by reason of an employment contract or agreement or an employer

policy, plan, or practice and includes rights and benefits under a

pension plan, a health plan, an employee stock ownership plan,

insurance coverage, awards, bonuses, severance pay, supplemental

unemployment benefits, vacations, and the opportunity to select work

hours or location of employment;

3. "Commissioner of Labor" means the Oklahoma Commissioner of

Labor whose office is established in Section 1 of Article VI of the

Oklahoma Constitution and whose powers and duties are established

pursuant to Section 1 of Title 40 of the Oklahoma Statutes or any

person designated or retained by the Commissioner of Labor to carry

out a responsibility of the Commissioner of Labor under the Oklahoma

Uniformed Services Employment and Reemployment Rights Act;

4. "District attorney" means the executive officer established

pursuant to Section 215.1 of Title 19 of the Oklahoma Statutes. The

powers and duties exercised by a district attorney pursuant to the

Oklahoma Uniformed Services Employment and Reemployment Rights Act,

upon designation by the district attorney, may also be performed by

an assistant district attorney or by a special district attorney

appointed pursuant to subsection C of Section 215.37M of Title 19 of

the Oklahoma Statutes;

5. "Employee" means any person employed by an employer.

Employee includes any person who is a citizen, national, or

permanent resident alien of the United States;

6. a. Except as provided in subparagraphs b and c of this

paragraph, "employer" means any person, institution,

Oklahoma Statutes - Title 44. Militia Page 194

organization, or other entity that pays salary or

wages for work performed or that has control over

employment opportunities, including:

(1) a person, institution, organization, or other

entity to whom the employer has delegated the

performance of employment-related

responsibilities,

(2) the State of Oklahoma,

(3) any political subdivision within the State of

Oklahoma,

(4) any successor in interest to a person,

institution, organization, or other entity

referred to in this subparagraph, and

(5) a person, institution, organization, or other

entity that has denied initial employment in

violation of Section 7 of this act.

b. Where a soldier or airman of the Oklahoma National

Guard performs his or her duty as an Active Guard and

Reserve program participant or where a National Guard

technician is employed under 32 U.S.C., Section 709,

"employer" does not mean the Adjutant General.

c. Where a National Guard technician is employed under 32

U.S.C., Section 709, "employer" means the Adjutant

General.

d. (1) Whether the term "successor in interest" applies

with respect to an entity described in division

(4) of subparagraph a of this paragraph shall be

determined on a case-by-case basis using a

multifactor test that considers the following

factors:

(a) substantial continuity of business

operations,

(b) use of the same or similar facilities,

(c) continuity of workforce,

(d) similarity of jobs and working conditions,

(e) similarity of supervisory personnel,

(f) similarity of machinery, equipment, and

production methods, and
aph shall be

determined on a case-by-case basis using a

multifactor test that considers the following

factors:

(a) substantial continuity of business

operations,

(b) use of the same or similar facilities,

(c) continuity of workforce,

(d) similarity of jobs and working conditions,

(e) similarity of supervisory personnel,

(f) similarity of machinery, equipment, and

production methods, and

(g) similarity of products or services.

(2) The entity's lack of notice or awareness of a

potential or pending claim under the Oklahoma

Uniformed Services Employment and Reemployment

Rights Act at the time of a merger, acquisition,

or other form of succession shall not be

considered when applying the multifactor test

under division (1) of this subparagraph;

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7. "Health plan" means an insurance policy or contract, medical

or hospital service agreement, membership or subscription contract,

or other arrangement under which health services for individuals are

provided or the expenses of such services are paid;

8. "Notice" means any written or verbal notification of an

obligation or intention to perform service in the state military

forces provided to an employer by the employee who will perform such

service or by the state military force component in which the

service is to be performed;

9. "Political subdivision" means the seventy-seven counties of

the state, incorporated municipalities, including both cities and

towns, and all public entities or instrumentalities, including, but

not limited to, municipal corporations, municipal sewer and water

authorities, public trusts and public authorities in the state which

are not a state agency, an executive officer, the legislative branch

or the judicial branch of the state. Political subdivisions

include, but are not limited to, special districts, authorities and

instrumentalities such as school districts, fire protection

districts, conservation districts, water and sewer districts,

emergency medical service districts and airport and housing

authorities;

10. "Qualified", with respect to an employment position, means

having the ability to perform the essential tasks of the position;

11. "Reasonable efforts", in actions required of an employer

under the Oklahoma Uniformed Services Employment and Reemployment

Rights Act, means actions, including training, provided by an

employer which do not place an undue hardship on the employer;

12. "Secretary concerned" means either the Secretary of the

Army or the Secretary of the Air Force as the context requires;

13. "Seniority" means longevity in employment together with any

benefits of employment which accrue with, or are determined by,

longevity in employment;

14. "Service in the state military forces" means the

performance of duty on a voluntary or involuntary basis in the state

military forces under competent authority when ordered to "state

active duty" or "Title 32 active duty" as defined in Section 801 of

Title 44 of the Oklahoma Statutes;

15. "State" means the State of Oklahoma;

16. "State agency" includes any executive branch agency within

the state, whether appropriated or nonappropriated, established

either by the Oklahoma Constitution or by the Oklahoma Statutes,

including the Oklahoma Military Department with respect to the state

employees employed by the Oklahoma Military Department;

17. "State government" means any state agency, the legislative

branch of the state, and the judicial branch of the state;

18. "State military forces" shall be defined in accordance with

Section 801 of Title 44 of the Oklahoma Statutes; and

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19. "Undue hardship", in actions taken by an employer, means

actions requiring significant difficulty or expense, when considered

in light of:

a. the nature and cost of the action needed,

b. the overall financial resources of the facility or
litary forces" shall be defined in accordance with

Section 801 of Title 44 of the Oklahoma Statutes; and

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19. "Undue hardship", in actions taken by an employer, means

actions requiring significant difficulty or expense, when considered

in light of:

a. the nature and cost of the action needed,

b. the overall financial resources of the facility or

facilities involved in the provision of the action,

the number of persons employed at the facility, the

effect on expenses and resources, or the impact

otherwise of such action upon the operation of the

facility,

c. the overall financial resources of the employer; the

overall size of the business of an employer with

respect to the number of its employees; or the number,

type, and location of its facilities, and

d. the type of operation or operations of the employer,

including the composition, structure, and functions of

the workforce of such employer; or the geographic

separateness, administrative, or fiscal relationship

of the facility or facilities in question to the

employer.