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King County
Policy Regarding Leaves of Absence and Continuation of Benefits for Uniformed Service

Document Code No.: PER 18-4 (AEO)
Department/Issuing Agency: Office of Human Resources Management
Effective Date: September 25, 2001
Approved: /s/ Ron Sims
Type of Action: New

1.0 SUBJECT TITLE: Leaves of Absence and Continuation of Benefits for Uniformed Service

1.1 EFFECTIVE DATE: September 25, 2001

1.2 TYPE OF ACTION: New

1.3 KEY WORDS: Military leave, military reserves, leave of absence, uniformed service

2.0 REFERENCES:

2.1 KCC 3.12.260, Leave of absence - military

2.2 KCC 3.12.262, Extension of benefits to military personnel

2.3 RCW 38.40.060, Military leaves for public employees

2.4 Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C., Chapter 43

3.0 DEFINITIONS:

3.1 "Benefit eligible employee" means an employee who in a regular position or a TLT position that is eligible for leave and insured benefits.

3.2 "Life insurance" means basic life insurance, and excludes enhanced accidental death and dismemberment (AD&D) and long-term disability (LTD).

3.3 "Medical" encompasses both medical and vision care insurance

3.4 "Military pay" means base pay as determined by grade and years of service pursuant to uniformed services pay tables.

3.5 "Regular base rate of pay" means an employee’s regular hourly rate of pay as determined by salary schedule or collective bargaining agreement, and includes any merit pay, educational incentive and/or longevity pay as provided by ordinance or a collective bargaining agreement, but does not include premium, special duty, lead worker, or overtime pay.

3.6 "Uniformed services" means service in any branch of the United States armed forces (Army, Navy, Air Force, Marines, Coast Guard), including the reserves, the Army and Air National Guards and the commissioned corps of the Public Health Service, and any other persons designated by the President of the United States.

THE PURPOSE of this Executive Order is to ensure continuity of benefits and, in certain instances, income to employees and their families in the event an employee volunteers for or is ordered to active duty as a result of the September 11, 2001 terrorist attacks on the United States.

WHEREAS, on September 11, 2001, the United States suffered violent attacks from international terrorists; and

WHEREAS, in response to those attacks the President and Congress of the United States are preparing for the possibility of military action, requiring activation of the armed forces and members of the National Guard, including many reservists employed by King County; and,

WHEREAS, it is the policy of King County to support to the extent possible those employees called to active duty by the government of the United States;

NOW, THEREFORE, I, Ron Sims, King County Executive, do hereby order as follows:

Continuation of insured benefits: King County will continue to provide medical, dental, and life insurance benefits to benefit eligible employees and their families should the employee be called upon or volunteer for active duty or active duty training in any branch of the uniformed services in accordance with KCC 3.12.262.

Paid leave of absence: A benefit eligible employee who was a member of the reserves of any branch of the uniformed services on or before September 11, 2001, who is ordered to involuntary active duty by the United States government thus requiring a leave of absence from his or her County position, and who has exhausted annual military leave as provided by the King County Code or a collective bargaining agreement, will be granted a paid leave of absence from their County position at their regular base rate of pay less the amount of military pay to which they are entitled.

This order will remain in effect until such time as it is specifically repealed by the King County Executive.

DATED this 25 day of September, 2001

/s/ Ron Sims, King County Executive

ATTEST:

/s/ Robert Bruce, Manager

King County Records & Elections

Updated: October 10, 2001