Oklahoma § 72-48 - Leave of absence during active or inactive duty or service

§ 72-48. Leave of absence during active or inactive duty or service

- Public employees.

A. All officers and employees of the state or a political

subdivision thereof who are members, either officers or enlisted, of

the state military forces or any branch of the United States

Military or its reserve components, shall, when ordered by the

proper authority to active or inactive duty or service, including

state active duty, be entitled to a leave of absence from such

civilian employment for the period of such service without loss of

status or seniority. During the first thirty (30) regularly

scheduled work days for officers and employees of the State of

Oklahoma or a political subdivision thereof, or not to exceed two

hundred forty (240) hours, of such leave of absence in any federal

fiscal year, the officers or employees shall receive their full

regular pay from the employing state agency or political

subdivision. During the remainder of such leave of absence in any

federal fiscal year, the employing state agency or political

subdivision shall pay the officer or employee an amount equal to the

difference between his or her full regular pay from the employing

state agency or political subdivision and his or her military base

pay. Military allowances and entitlements not subject to federal

taxation shall not be included in the computation of the difference

between the full regular pay of the officers or employees from the

employing state agency or political subdivision and their Oklahoma

National Guard or United States military reserve component military

base pay. The durational limit of protected military service as

provided for in this section shall not be less than that provided by

federal law. If it is necessary in the public interest to provide

for the performance of the duties of their positions during such

absence, the authority having power to fill a vacancy in the

positions may appoint substitutes, to be known as acting incumbents,

who shall qualify as required for the regular incumbents and shall

receive the same pay, including benefits and pay adjustments as

fixed by law, if any, or otherwise such pay, including benefits and

pay adjustments, as may be fixed by proper authority.

B. The Office of Management and Enterprise Services shall

promulgate rules as necessary to implement the provisions of this

section that relate to state employees.

C. As used in this section, "state active duty" and "state

military forces" shall be defined in accordance with Section 801 of

Title 44 of the Oklahoma Statutes.

Oklahoma Statutes - Title 72. Soldiers and Sailors

Added by Laws 1947, p. 302, § 1, emerg. eff. May 16, 1947. Amended

by Laws 1973, c. 275, § 2, emerg. eff. May 30, 1973; Laws 1988, c.

31, § 2, eff. Oct. 1, 1988; Laws 1991, c. 13, § 3, emerg. eff. March

25, 1991; Laws 1991, c. 232, § 6, emerg. eff. May 24, 1991; Laws

1992, c. 164, § 1, emerg. eff. May 5, 1992; Laws 1994, c. 94, § 3,

eff. July 1, 1994; Laws 2002, c. 396, § 3, emerg. eff. June 5, 2002;

Laws 2003, c. 212, § 5, eff. July 1, 2003; Laws 2006, c. 179, § 1,

emerg. eff. May 23, 2006; Laws 2012, c. 304, § 645; Laws 2017, c.

80, § 2, eff. Nov. 1, 2017; Laws 2021, c. 12, § 30, emerg. eff.

April 13, 2021.