Oklahoma § 44-4315 - State agency or political subdivision procedures for

§ 44-4315. State agency or political subdivision procedures for

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

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

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.

Added by Laws 2021, c. 122, § 11, emerg. eff. April 21, 2021.