Military Leave

Contents

• Introduction
• Statutes and Regulations
• Policies and Ordinances
• Articles and Reference Sources

Introduction

Under Washington law, an employee is entitled to a military leave of absence for a period not to exceed 15 days during each year beginning October 1st and ending the following September 30th RCW 38.40.060. Under a 1999 attorney general opinion, a day is calculated according to the number of days the person would have worked, but for the military training. Thus, if the employee were scheduled to work 2 hours on a day, but for the military commitment, that would be a military leave day. Similarly, if the employee was scheduled to work 12 hours on a single day, that too would constitute one military leave day. See AGO 1999 No. 2. During military leave, the employee continues to be paid his or her regular salary. It does not matter whether the person was ordered to take the training or whether he or she volunteered. See 38 USC sec. 4303(13).

There is no requirement that a Washington employer grant more than 15 days paid leave; however, the employer must agree to, under most circumstances, reemploy the employee, under terms of the federal Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4303 et seq. (USERRA). The reemployment rights end after five years cumulative total of military service. The rights are available whether the person is in combat, active duty for training, or inactive duty.  Regulations have been adopted providing more detailed information about USERRA.

New legislation, SB 6447, which goes into effect June 11, 2008,, will increase the number of days allowd for military leave from 15 days to 20 days.  In addition, the legislation would provide an employee with up to 15 days of unpaid leave while their military spouse is on leave from a deployment or before and up to deployment once the spouse receives official notification of an impending call or order to active duty.  New federal legislation similarly provides for military family leave.

Statutes and Regulations

• RCW 38.40.060 State military leave requirements
• 38 U.S.C. 4303 et seq. Uniformed Services Employment and Reemployment Rights Act (USERRA)
• 20 C.F.R. Part 1002 USERRA regulations issued by U. S. Department of Labor (effective January 18, 2006)
• National Defense Authorization Act for Fiscal Year 2008 - adds FMLA leave for military families

Policies and Ordinances

• Military Financial Assistance Program Policy, City of Kirkland.
• Shared Leave Program Policy, City of Kirkland.
• Shared Leave Ordinance, for military reservists called to active duty, City of Everett.
• King County Policy Regarding Leaves of Absence and Continuation of Benefits for Uniformed Service, September 2001.

Articles and Reference Sources

• Job Rights and Military Leave for Reservists and Members of the National Guard, by Paul Sullivan, MRSC Focus, November 2001
• "Military Leave: An Employer's Basic Obligations" by the law firm Perkins Coie.
• "Military Leave" by Karen Sutherland of the law firm Ogden Murphy Wallace.
• "Military Leave Fact Sheet" Federal Office of Personnel Management
• Military Leave for Active Duty, from Municipal Research News, Spring 2003
• Military Pay and Salary Supplement, by Carol Greene, AWC, February 2003.
• Military Leave of Absence Record form  
• USERRA 101 - A training course on USERRA prepared by the Employer Support of the Guard and Reserves
• USERRA Information - An excellent resource, with links,  prepared by the U.S. Department of Labor
• USERRA Advisor - U. S. Department of Labor
• FAQ regarding USERRA and SSCRA (Veterans and Salilors Relief Act of 1940) - Internal Revenue Service
• USERRA Non-Technical Resource Guide
• The Law/USERRA by the Employer Support of the Guard and Reserve (ESGR); see also Ombudsman Services and the Law 
• Your Rights Under USERRA Poster (500 KB)
• When Johnny Comes Marching Home: USERRA's Protections and Obligations, by Thomas P. Quinlan, published in the July 2005 Washington State Bar News.
• LAW FLASH, DOL Issues Final Regulations Interpreting USERRA, prepared by Morgan Lewis, Counselors at Law
• USERRA-FMLA Questions and Answers The effect of USERRA on leave eligibility under the FMLA
• Facts about USERRA for Employers, prepared in question and answer format by the U.S. Coast Guard.
• Guide to Veteran, military status and Washington State laws, prepared by  Washington State Human Rights Commission.