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Summary of differences between federal and state regulations
The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.
No person shall discriminate against any member of the National Guard because of such membership. No employer or other person shall discharge any person from employment because of being a member of the military forces of the state, or hinder or prevent him from performing any military service he may be called upon to perform, in respect to his employment, trade or business.
The following provisions of federal law are adopted as state law and applied to members of the Oklahoma National Guard when such members are ordered to state active duty or full-time National Guard duty:
1. The Servicemembers Civil Relief Act of 2003 (SCRA), which updates, renames, and replaces the SSCRA; and
2. The Uniformed Services Employment and Reemployment Rights Act (USERRA).
Public officers and employees
All officers and employees of the state or a political subdivision who are members of the Oklahoma National Guard or any reserve component of any branch of the United States military, shall, when ordered to active or inactive service, be entitled to a leave of absence from civil employment for the period of active service, without loss of status or efficiency rating.
State
Contact
Office of Personnel Management
Regulations
Oklahoma Statutes Title 44, §§ 71, 208, 208.1, 209
Oklahoma Statutes Title 78, §§48, 48.1
Federal
Contacts
DOL’s Veterans’ Employment and Training Service (VETS)
Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770
Website: www.dol.gov/vets/
Regulations
5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury
20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994