Oklahoma § 72-48.1 - Leave of absence during active service - Private sector

§ 72-48.1. Leave of absence during active service - Private sector

employees.

A. All officers and employees of any employer in the private

sector, who are members, either officers or enlisted, of the Reserve

Components of the Army, Navy, Air Force, Marine Corps, and Coast

Guard, or any other component of the Uniformed Services of the

United States, shall, when ordered by the proper authority to active

or inactive duty or service under Title 10 of the United States

Code, be entitled to a leave of absence from such private civilian

employment for the period of such service without loss of status or

seniority. During such leave of absence in any federal fiscal year,

the employer in the private sector may elect to pay the officer or

employee an amount equal to the difference between his or her full

regular pay from the employer in the private sector and his or her

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 any employer in the private sector fails to comply with the

provisions of this subsection, the officer or employee may bring an

action in district court for the same remedies and damages provided

for in Section 17 of this act, for such noncompliance and may be

granted such relief as is just and proper under the circumstances.

B. All officers and employees of any employer in the private

sector, who are members, either officers or enlisted, of the state

military forces, shall, when ordered by the proper authority to

state active duty or Title 32 active duty, be entitled to all the

protections provided under the Oklahoma Uniformed Services

Employment and Reemployment Rights Act.

C. "State active duty", "state military forces", and "Title 32

active duty", for the purposes of this section, shall be defined in

accordance with Section 801 of Title 44 of the Oklahoma Statutes.

Added by Laws 1994, c. 94, § 4, eff. July 1, 1994. Amended by Laws

2021, c. 122, § 25, emerg. eff. April 21, 2021.