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SUBJECTS › PERSONNEL › Military Leave
Reviewed 12/09

Military Leave

Contents

Introduction

Under Washington law, an employee is entitled to a military leave of absence for a period not to exceed 21 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 21 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.

2008 legislation, SB 6447 (RCW 49.77.030)  provides 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

Policies and Ordinances

Articles and Reference Sources