§44-4313. Employees of state government or political subdivisions -
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/ok/title-44-militia/44-4313·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
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 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
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. Added by Laws 2021, c. 122, § 9, emerg. eff. April 21, 2021.