Oklahoma § 72-48 Leave of absence during active or inactive duty or service

Oklahoma Statutes

§ 72-48 — Leave of absence during active or inactive duty or service

Oklahoma·Title 72 Soldiers And Sailors

- Public employees.

A.All officers and employees of the state or a political subdivision thereof who are members, either officers or enlisted, of the state military forces or any branch of the United States Military or its reserve components, shall, when ordered by the proper authority to active or inactive duty or service, including state active duty, be entitled to a leave of absence from such civilian employment for the period of such service without loss of status or seniority. During the first thirty (30) regularly scheduled work days for officers and employees of the State of Oklahoma or a political subdivision thereof, or not to exceed two hundred forty (240) hours, of such leave of absence in any federal fiscal year, the officers or employees shall receive their full regular pay f

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- Public employees. A. All officers and employees of the state or a political subdivision thereof who are members, either officers or enlisted, of the state military forces or any branch of the United States Military or its reserve components, shall, when ordered by the proper authority to active or inactive duty or service, including state active duty, be entitled to a leave of absence from such civilian employment for the period of such service without loss of status or seniority. During the first thirty (30) regularly scheduled work days for officers and employees of the State of Oklahoma or a political subdivision thereof, or not to exceed two hundred forty (240) hours, of such leave of absence in any federal fiscal year, the officers or employees shall receive their full regular pay from the employing state agency or political subdivision. During the remainder of such leave of absence in any federal fiscal year, the employing state agency or political subdivision shall pay the officer or employee an amount equal to the difference between his or her full regular pay from the employing state agency or political subdivision and his or her military base pay. Military allowances and entitlements not subject to federal taxation shall not be included in the computation of the difference between the full regular pay of the officers or employees from the employing state agency or political subdivision and their Oklahoma National Guard or United States military reserve component 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 it is necessary in the public interest to provide for the performance of the duties of their positions during such absence, the authority having power to fill a vacancy in the positions may appoint substitutes, to be known as acting incumbents, who shall qualify as required for the regular incumbents and shall receive the same pay, including benefits and pay adjustments as fixed by law, if any, or otherwise such pay, including benefits and pay adjustments, as may be fixed by proper authority. B. The Office of Management and Enterprise Services shall promulgate rules as necessary to implement the provisions of this section that relate to state employees. C. As used in this section, "state active duty" and "state military forces" shall be defined in accordance with Section 801 of Title 44 of the Oklahoma Statutes.

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Legislative History

Added by Laws 1947, p. 302, § 1, emerg. eff. May 16, 1947. Amended by Laws 1973, c. 275, § 2, emerg. eff. May 30, 1973; Laws 1988, c. 31, § 2, eff. Oct. 1, 1988; Laws 1991, c. 13, § 3, emerg. eff. March 25, 1991; Laws 1991, c. 232, § 6, emerg. eff. May 24, 1991; Laws 1992, c. 164, § 1, emerg. eff. May 5, 1992; Laws 1994, c. 94, § 3, eff. July 1, 1994; Laws 2002, c. 396, § 3, emerg. eff. June 5, 2002; Laws 2003, c. 212, § 5, eff. July 1, 2003; Laws 2006, c. 179, § 1, emerg. eff. May 23, 2006; Laws 2012, c. 304, § 645; Laws 2017, c. 80, § 2, eff. Nov. 1, 2017; Laws 2021, c. 12, § 30, emerg. eff. April 13, 2021.