Okla. Stat. tit. 44, § 44-4313

Reemployment.

A. Subject to subsection B of this section for any employee,

and Sections 10 and 11 of this act 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, upon

completion of a period of service in the state military forces,

shall be promptly reemployed in the following order of priority:

1. Except as provided in paragraphs 3 and 4 of this subsection,

for a person whose period of service in the state military forces

was for less than ninety-one (91) days:

a. 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, the duties of which the

person is qualified to perform, or

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;

2. Except as provided in paragraphs 3 and 4 of this subsection,

for a person whose period of service in the state military forces

was for more than ninety (90) days:

a. 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, or a position of like

seniority, status and pay, the duties of which he or

she is qualified to perform, or

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

Oklahoma Statutes - Title 44. Militia Page 204

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:

a. in any other position which is equivalent in

seniority, status, and pay, the duties of which he or

she is qualified to perform or would become qualified

to perform with reasonable efforts by the employer, or

b. if not employed under subparagraph a of this

paragraph, in a position which is the nearest

approximation to a position referred to in

subparagraph a of this paragraph in terms of

seniority, status, and pay consistent with

circumstances of his or her case; or

4. For a person who is not qualified pursuant to subparagraph a

of paragraph 2 of this subsection to be employed in the position of

employment in which he or she:

a. would have been employed if the continuous employment

of the person with the employer had not been

interrupted by the service, or

b. was employed on the date of the commencement of the

service in the state military forces for any reason,

other than disability incurred in, or aggravated

during, service in the state military forces, and

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.

B. 1. If two or more persons are entitled to reemployment

under Section 8 of this act in the same position of employment and

more than one of them has reported for such reemployment, the person
e 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.

B. 1. If two or more persons are entitled to reemployment

under Section 8 of this act in the same position of employment and

more than one of them has reported for such reemployment, the person

who left the position first shall have the prior right to

reemployment in that position.

2. Any person entitled to reemployment under Section 8 of this

act who is not reemployed in a position of employment by reason of

paragraph 1 of this subsection shall be entitled to be reemployed as

follows:

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

Oklahoma Statutes - Title 44. Militia Page 205

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.