Okla. Stat. tit. 44, § 44-4315
This is the official text of Okla. Stat. tit. 44, § 44-4315, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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State agency or political subdivision procedures for
Official statutory text
ensuring rights apply to employees.
A. The administrator of each state agency or political
subdivision shall prescribe procedures for ensuring that the rights
under the Oklahoma Uniformed Services Employment and Reemployment
Rights Act apply to the employees of the state agency or political
subdivision.
B. In prescribing procedures pursuant to subsection A of this
section, the administrator shall ensure, to the maximum extent
practicable, that the procedures of the state agency or political
subdivision for reemploying persons who serve in the state military
forces provide for the reemployment of such persons in the state
agency or political subdivision in a manner similar to the manner of
reemployment described in Section 9 of this act.
C. 1. The procedures prescribed in subsection A of this
section shall designate an employee at the state agency or political
subdivision who shall determine whether or not the reemployment of a
person referred to in subsection B of this section by the state
agency or political subdivision is impossible or unreasonable.
2. Upon making a determination that the reemployment is
impossible or unreasonable, the official designated in paragraph 1
of this subsection shall notify the person seeking reemployment and
the Director of Human Capital Management of the Office of Management
and Enterprise Services of such determination.
3. A determination made pursuant to this subsection shall not
be subject to judicial review.
4. The administrator of each state agency or political
subdivision shall submit to the Committee on Veterans and Military
Affairs of the Oklahoma House of Representatives and the Committee
on Veterans and Military Affairs of the Oklahoma State Senate by
December 31 of each year a report on the number of persons whose
reemployment with the state agency or political subdivision was
determined under this subsection to be impossible or unreasonable
during the year preceding the report, including the reason for each
determination. In the event such determination is not made within
Oklahoma Statutes - Title 44. Militia Page 207
the preceding reporting period, no report shall be required pursuant
to this paragraph.
D. 1. Except as provided in this section, nothing in this
section or Section 9 of this act shall be construed to exempt any
state agency or political subdivision referred to in subsection A of
this section from compliance with any other substantive provision of
the Oklahoma Uniformed Services Employment and Reemployment Rights
Act.
2. This section shall not be construed as prohibiting:
a. an employee of a state agency or political subdivision
from seeking information from the Commissioner of
Labor regarding assistance in pursuing reemployment
from the state agency or political subdivision under
the Oklahoma Uniformed Services Employment and
Reemployment Rights Act, alternative employment in the
state government under the Oklahoma Uniformed Services
Employment and Reemployment Rights Act, or information
relating to the rights and obligations of employees
and state agencies, political subdivisions or their
instrumentalities under the Oklahoma Uniformed
Services Employment and Reemployment Rights Act, or
b. such a state agency or political subdivision from
voluntarily cooperating with or seeking assistance in
or clarification from the Commissioner of Labor or the
Director of Human Capital Management of the Office of
Management and Enterprise Services for any matter
arising under the Oklahoma Uniformed Services
Employment and Reemployment Rights Act.
E. The Director of Human Capital Management of the Office of
Management and Enterprise Services shall ensure the offer of
employment to a person in a position in a state agency on the basis
described in subsection B of this section if:
1. The person was an employee of a state agency or political
subdivision at the time he or she entered the state military forces
and Reemployment Rights Act.
E. The Director of Human Capital Management of the Office of
Management and Enterprise Services shall ensure the offer of
employment to a person in a position in a state agency on the basis
described in subsection B of this section if:
1. The person was an employee of a state agency or political
subdivision at the time he or she entered the state military forces
from which the person seeks reemployment under this section;
2. The appropriate officer of the state agency or political
subdivision determines under subsection C of this section that
reemployment of the person by the state agency or political
subdivision is impossible or unreasonable; and
3. The person submits an application to the Director of Human
Capital Management of the Office of Management and Enterprise
Services for an offer of employment pursuant to this section.
A. The administrator of each state agency or political
subdivision shall prescribe procedures for ensuring that the rights
under the Oklahoma Uniformed Services Employment and Reemployment
Rights Act apply to the employees of the state agency or political
subdivision.
B. In prescribing procedures pursuant to subsection A of this
section, the administrator shall ensure, to the maximum extent
practicable, that the procedures of the state agency or political
subdivision for reemploying persons who serve in the state military
forces provide for the reemployment of such persons in the state
agency or political subdivision in a manner similar to the manner of
reemployment described in Section 9 of this act.
C. 1. The procedures prescribed in subsection A of this
section shall designate an employee at the state agency or political
subdivision who shall determine whether or not the reemployment of a
person referred to in subsection B of this section by the state
agency or political subdivision is impossible or unreasonable.
2. Upon making a determination that the reemployment is
impossible or unreasonable, the official designated in paragraph 1
of this subsection shall notify the person seeking reemployment and
the Director of Human Capital Management of the Office of Management
and Enterprise Services of such determination.
3. A determination made pursuant to this subsection shall not
be subject to judicial review.
4. The administrator of each state agency or political
subdivision shall submit to the Committee on Veterans and Military
Affairs of the Oklahoma House of Representatives and the Committee
on Veterans and Military Affairs of the Oklahoma State Senate by
December 31 of each year a report on the number of persons whose
reemployment with the state agency or political subdivision was
determined under this subsection to be impossible or unreasonable
during the year preceding the report, including the reason for each
determination. In the event such determination is not made within
Oklahoma Statutes - Title 44. Militia Page 207
the preceding reporting period, no report shall be required pursuant
to this paragraph.
D. 1. Except as provided in this section, nothing in this
section or Section 9 of this act shall be construed to exempt any
state agency or political subdivision referred to in subsection A of
this section from compliance with any other substantive provision of
the Oklahoma Uniformed Services Employment and Reemployment Rights
Act.
2. This section shall not be construed as prohibiting:
a. an employee of a state agency or political subdivision
from seeking information from the Commissioner of
Labor regarding assistance in pursuing reemployment
from the state agency or political subdivision under
the Oklahoma Uniformed Services Employment and
Reemployment Rights Act, alternative employment in the
state government under the Oklahoma Uniformed Services
Employment and Reemployment Rights Act, or information
relating to the rights and obligations of employees
and state agencies, political subdivisions or their
instrumentalities under the Oklahoma Uniformed
Services Employment and Reemployment Rights Act, or
b. such a state agency or political subdivision from
voluntarily cooperating with or seeking assistance in
or clarification from the Commissioner of Labor or the
Director of Human Capital Management of the Office of
Management and Enterprise Services for any matter
arising under the Oklahoma Uniformed Services
Employment and Reemployment Rights Act.
E. The Director of Human Capital Management of the Office of
Management and Enterprise Services shall ensure the offer of
employment to a person in a position in a state agency on the basis
described in subsection B of this section if:
1. The person was an employee of a state agency or political
subdivision at the time he or she entered the state military forces
and Reemployment Rights Act.
E. The Director of Human Capital Management of the Office of
Management and Enterprise Services shall ensure the offer of
employment to a person in a position in a state agency on the basis
described in subsection B of this section if:
1. The person was an employee of a state agency or political
subdivision at the time he or she entered the state military forces
from which the person seeks reemployment under this section;
2. The appropriate officer of the state agency or political
subdivision determines under subsection C of this section that
reemployment of the person by the state agency or political
subdivision is impossible or unreasonable; and
3. The person submits an application to the Director of Human
Capital Management of the Office of Management and Enterprise
Services for an offer of employment pursuant to this section.
Status: in_force · Read it on the official government site
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