Oklahoma Statutes
Title 44. Militia
§44-4303. Definitions.

As used in the Oklahoma Uniformed Services Employment and Reemployment Rights Act:

1. "Adjutant General" shall be defined in accordance with Section 801 of Title 44 of the Oklahoma Statutes;
2. "Benefit", "benefit of employment", or "rights and benefits" means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest, including wages or salary for work performed, that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage, awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment;
3. "Commissioner of Labor" means the Oklahoma Commissioner of Labor whose office is established in Section 1 of Article VI of the Oklahoma Constitution and whose powers and duties are established pursuant to Section 1 of Title 40 of the Oklahoma Statutes or any person designated or retained by the Commissioner of Labor to carry out a responsibility of the Commissioner of Labor under the Oklahoma Uniformed Services Employment and Reemployment Rights Act;
4. "District attorney" means the executive officer established pursuant to Section 215.1 of Title 19 of the Oklahoma Statutes. The powers and duties exercised by a district attorney pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act, upon designation by the district attorney, may also be performed by an assistant district attorney or by a special district attorney appointed pursuant to subsection C of Section 215.37M of Title 19 of the Oklahoma Statutes;
5. "Employee" means any person employed by an employer. Employee includes any person who is a citizen, national, or permanent resident alien of the United States;
6.a.Except as provided in subparagraphs b and c of this paragraph, "employer" means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including:
7. "Health plan" means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or other arrangement under which health services for individuals are provided or the expenses of such services are paid;
8. "Notice" means any written or verbal notification of an obligation or intention to perform service in the state military forces provided to an employer by the employee who will perform such service or by the state military force component in which the service is to be performed;
9. "Political subdivision" means the seventy-seven counties of the state, incorporated municipalities, including both cities and towns, and all public entities or instrumentalities, including, but not limited to, municipal corporations, municipal sewer and water authorities, public trusts and public authorities in the state which are not a state agency, an executive officer, the legislative branch or the judicial branch of the state. Political subdivisions include, but are not limited to, special districts, authorities and instrumentalities such as school districts, fire protection districts, conservation districts, water and sewer districts, emergency medical service districts and airport and housing authorities;
10. "Qualified", with respect to an employment position, means having the ability to perform the essential tasks of the position;
11. "Reasonable efforts", in actions required of an employer under the Oklahoma Uniformed Services Employment and Reemployment Rights Act, means actions, including training, provided by an employer which do not place an undue hardship on the employer;
12. "Secretary concerned" means either the Secretary of the Army or the Secretary of the Air Force as the context requires;
13. "Seniority" means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment;
14. "Service in the state military forces" means the performance of duty on a voluntary or involuntary basis in the state military forces under competent authority when ordered to "state active duty" or "Title 32 active duty" as defined in Section 801 of Title 44 of the Oklahoma Statutes;
15. "State" means the State of Oklahoma;
16. "State agency" includes any executive branch agency within the state, whether appropriated or nonappropriated, established either by the Oklahoma Constitution or by the Oklahoma Statutes, including the Oklahoma Military Department with respect to the state employees employed by the Oklahoma Military Department;
17. "State government" means any state agency, the legislative branch of the state, and the judicial branch of the state;
18. "State military forces" shall be defined in accordance with Section 801 of Title 44 of the Oklahoma Statutes; and
19. "Undue hardship", in actions taken by an employer, means actions requiring significant difficulty or expense, when considered in light of:
Added by Laws 2021, c. 122, § 5, emerg. eff. April 21, 2021.

Structure Oklahoma Statutes