2021 Oklahoma Statutes
Title 72. Soldiers and Sailors
§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.
