On April 21, 2021, Oklahoma Governor Kevin Stitt signed the Oklahoma Uniformed Services Employment and Reemployment Rights Act (HB 2545) into law. It is applicable to all employers, applicants, employees, and contains the following protections:
- Oklahoma National Guard members, both army and air force, may not be denied initial employment, reemployment, retention, promotion, or any employment benefit by an employer because of their membership, including application for service, or obligations. This applies to both a call to state active-duty service by the governor or federal active duty.
- Employers may not discriminate in employment against or take any adverse employment action against any person because they invoked the protections of, were involved in a proceeding about, participating in an investigation under, or exercised any right under the act.
The Act also contains reemployment terms for servicemembers returning to work along with notice and posting requirements. As such, employers must identify their employees who are state military forces members (i.e., National Guard) and provide them with a notice of the rights, benefits, and obligations of employees and employers subject to the Act. Employers can comply with this requirement by posting the notice in a conspicuous location. A model notice is to be developed by the Oklahoma Commissioner of Labor. The notice has not yet been made available.
The law took effect April 21, 2021.