Okla. Stat. tit. 44, § 44-4316

and benefits.

Oklahoma Statutes - Title 44. Militia Page 208

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. 1. Subject to paragraphs 2 through 5 of this subsection, a

person who is absent from a position of employment by reason of

service in the state military forces shall be:

a. deemed to be on furlough or leave of absence while

performing such service, and

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.

2. a. Subject to subparagraph b of this paragraph, a person

who:

(1) is absent from a position of employment by reason

of service in the state military forces, and

(2) knowingly provides written notice of intent not

to return to a position of employment after

service in the state military forces,

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.

3. A person deemed to be on furlough or leave of absence under

this subsection while serving in the state military forces shall not

be entitled to any benefits under this subsection which he or she

would not otherwise be entitled if he or she had remained

continuously employed.

4. A person may be required to pay the employee cost, if any,

of any funded benefit continued pursuant to paragraph 1 of this

subsection to the extent other employees on furlough or leave of

absence are so required.

5. The entitlement of a person to coverage under a health plan

is provided for under Section 13 of this act.

Oklahoma Statutes - Title 44. Militia Page 209

C. A person who is reemployed by an employer under the Oklahoma

Uniformed Services Employment and Reemployment Rights Act shall not

be discharged from such employment, except for cause:

1. Within one (1) year after the date of reemployment, if his

or her period of service before the reemployment was more than one

hundred eighty (180) days; or

2. Within one hundred eighty (180) days after the date of

reemployment, if his or her period of service before the

reemployment was more than thirty (30) days but less than one

hundred eighty-one (181) days.

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.

E. 1. An employer shall grant an employee who is a member of

the state military forces an authorized leave of absence from a

position of employment to allow that employee to perform funeral

honors duty as authorized by 10 U.S.C., Section 12503 or 32 U.S.C.,

Section 115.

2. For purposes of paragraph 1 of subsection E of Section 8 of

this act, an employee who takes an authorized leave of absence
1. An employer shall grant an employee who is a member of

the state military forces an authorized leave of absence from a

position of employment to allow that employee to perform funeral

honors duty as authorized by 10 U.S.C., Section 12503 or 32 U.S.C.,

Section 115.

2. For purposes of paragraph 1 of subsection E of Section 8 of

this act, 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.