Oklahoma Military Service (USERRA) laws & HR compliance analysis

Oklahoma Military Service (USERRA): What you need to know

Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of the men and women who serve in the armed forces (38 USC 4301et seq.).
Oklahoma has enacted such a law.
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Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. That is, if Oklahoma law is less protective than USERRA, the rights given by USERRA will apply and not the less protective Oklahoma law. In addition, if Oklahoma law is more protective than USERRA, the Oklahoma law will apply.
Oklahoma law prohibits employers from discharging or otherwise discriminating against an employee because of membership in the National Guard or armed forces of the state or the United States (OK Stat. Tit. 44 Sec. 208).
Private employees who are members, either officers or enlisted, of the U.S. reserves (including the Army and Air National Guard) or any other component of the U.S. armed forces, are entitled to a leave of absence when ordered to active or inactive duty or service. The leave is for the period of service and must be granted without loss of status or seniority.
During such a leave, the employer may elect to pay the employee an amount equal to the difference between his or her full regular pay and his or her military pay. The amount of leave the employee is entitled to can be no less than that provided by federal law (OK Stat. Tit. 72 Sec. 48.1).
Reinstatement. Employees who are members of the Oklahoma National Guard that are ordered to state active duty or full-time ...

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