2023 Oklahoma Statutes › Title 44. Militia › §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 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.