ST38 Oklahoma (December 2007; Updated August 2010)
1.18: USERRA and Other Laws
2.0: Paid Leave

Paid Military Leave for Public Employees in Oklahoma

By CAPT Samuel F. Wright, JAGC, USN (Ret.)

Oklahoma law provides as follows concerning paid military leave for employees of the state and its political subdivisions:

"All officers and employees of the state, or a subdivision thereof, or a municipality therein, who are members, either officers or enlisted, of the Reserve Components, to include the Army and Air National Guard and the Army, Navy, Air Force, Marine Corps, and Coast Guard Reserves, or any other component of the Armed Forces of the United States, shall, when ordered by the proper authority to active or inactive duty or service, 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 twenty (20) regularly scheduled work days of such leave of absence in any federal fiscal year, the officer or employee shall receive his full regular pay from the state, subdivision or municipality. During the remainder of such leave of absence in any federal fiscal year, the state, subdivision, or municipality may elect to pay the officer or employee an amount equal to the difference between his full regular pay from the state, subdivision or municipality and his military 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 his position during such absence, the authority having power to fill a vacancy in the position may appoint a substitute, to be known as acting incumbent, who shall qualify as required for the regular incumbent and shall receive the same salary as fixed by law, if any, or otherwise such salary as may be fixed by proper authority.

The Office of Personnel Management shall promulgate rules as necessary to implement the provisions of this section that relate to state employees." Oklahoma Statutes, Title 72, section 48.

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