Who must post the Oklahoma USERRA Poster?
- The Oklahoma Uniformed Services Employment and Reemployment Rights Act (Oklahoma USERRA) protects the job rights of individuals who leave their jobs voluntarily or involuntarily to undertake military service in the Oklahoma state military services.
- Oklahoma USERRA requires employers to identify their employees who are members of the state military forces and provide them with a notice of the rights, benefits, and obligations of employees and employers subject to the Act. This requirement may be met by posting the Oklahoma USERRA Poster where employers customarily place notices for employees. (See Okla. Stat. §44-4334).
What are Oklahoma state military service members’ reemployment rights?
Oklahoma USERRA gives any individual the right to be reemployed in their civil job when their service in the Oklahoma state military forces is complete, provided the individual:
- has given the employer advance written or verbal notice of the individual’s service
- is absent no longer than 5 years cumulatively
- returns to work or submits a reemployment application upon their return
- has not been separated from service with a disqualifying discharge or discharge under other than honorable conditions
How are military services members protected under Oklahoma USERRA?
- An individual eligible for reemployment must be restored to the same job and benefits the individual would have attained if the individual had not been absent due to military service or, in some cases, a comparable job.
- An individual has the right to elect to continue coverage under their employer’s health plan for themselves and their dependents while serving in the military.
- Even if the individual does not elect to continue plan coverage, the individual has the right to be reinstated under the plan when the individual is reemployed, without waiting periods or exclusions.
Enforcement of Oklahoma USERRA protections
Oklahoma USERRA:
- Prohibits employers from discriminating against employees or prospective employees based on their past or present membership or service in Oklahoma state military forces.
- Prohibits employers from discriminating against any employee or prospective employee who has enforced a protection, testified, assisted an investigation, or exercised a right in regard to the Oklahoma Act.
Individuals whose rights have been violated may file a complaint with the Oklahoma Department of Labor (ODOL) using the contact information provided on the poster, or they may file an action in civil court against an employer for violations of Oklahoma USERRA. There is no statute of limitations on filing a complaint or claim with the ODOL or a district court action.