SECTION 260:25-15-44. Military leave of absence and restoration to position

(a)   Military leave of absence and right to restoration to former position shall be granted in accordance with Section 209 of Title 44, Sections 25.4, 25.5 and 25.7 of Title 51, and Section 48 of Title 72 of the Oklahoma Statutes; the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C., 4301 et seq.); and such rights and privileges as these laws provide.

(b)   Military leave shall be granted to classified and unclassified employees who are a member of any component of the Armed Forces of the United States or the Reserve Components, to include the Army & Air National Guard and the Army, Navy, Air Force, Marine Corps & Coast Guard Reserves, when ordered by proper authority to active or inactive duty (includes weekend drills and training exercises) or service. Such employees are entitled to leave of absence without loss of status or seniority.

(c)   The National Guard and Reserves Component - The first 30 regularly scheduled work days of military leave of absence during any federal fiscal year (October 1 to September 30) are with pay. If the period of military status extends beyond 30 days, the employee's absence for the period beyond 30 days is governed by applicable leave rules. Accrued compensatory leave, holiday leave, annual leave, or leave without pay may be requested to cover this period of time. During the remainder of such leave of absence the Appointing Authority may elect to pay the employee an amount equal to the difference between his or her regular state pay and his or her military pay, except that the employee shall receive the difference between his or her full regular pay and his or her military pay when ordered by proper authority to active or inactive service during the period that Operation Enduring Freedom is in effect. The military pay could be verified through a Leave and Earnings Statement provided by the Military.

(d)   An employee who is requested to report for physical examination in connection with military service is not considered absent from duty during the time required for the examination and travel.

(e)   An employee must notify the immediate supervisor of the requirement for military leave and provide as much advance notice as possible.

(f)   A supervisor does not have the right to request an employee or the federal government to reschedule military exercises for the convenience of the agency.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14]