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 (previously 15) during each year beginning October 1st and ending the following September 30th. See 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
- RCW 38.40.060 - State military leave requirements
- 38 U.S.C. 4303 - Et seq. Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Family and Medical Leave Act of 1993 - Federal family leave act which provides, among other things, leaves associated with the military (deployment and care of armed forces member injured in line of duty)
- 20 C.F.R. Part 1002 (
), USERRA regulations issued by the U. S. Department of Labor, effective 01/2006
Policies and Ordinances
State and federal law set out the basic requirements, but some local jurisdictions have adopted their own recitations of the law and have provided for other forms of relief for members of the military called into military service.
- Bonney Lake Military Leave Policy (), 08/13/2010
- Chelan County Code Sec. 1.20.790, 04/11/2011 - Provides military lease and briefly sets out USERRA requirements
- Edmonds Municipal Code Ch. 2.36, 2001 - Provides for military leave and for limited continuation of wages and benefits when employee is called into active duty
- Everett Shared Leave Ordinance () - For military reservists called to active duty
- Kirkland Military Financial Assistance Program Policy, 06/06/2002
- King County Policy Regarding Leaves of Absence and Continuation of Benefits for Uniformed Service, 09/2001
- Tacoma Municipal Code Sec. 1.12.250e, 2012 - Select Ch. 1.12 on the left hand menu and scroll down to p.1-90
Articles and Other References
- U.S. Department of Labor USERRA Information - An excellent resource, links to statutes, regulations, fact sheets, poster
- USERRA Advisor - Sets out issues and guides person to answers by asking pertinent questions (Multiple pages)
- Your Rights Under USERRA (), Poster, 10/2008
- USERRA-FMLA Questions and Answers (), 07/25/2002 - The effect of USERRA on leave eligibility under the FMLA set out in a fact sheet
- USERRA Non-Technical Resource Guide (), 2003 - A very good resource that offers a comprehensive discussion of the Act
- Military Pay and Salary Supplement (), by Carol Greene, AWC, 02/2003 - Lists how certain cities have provided for supplemental leave, compensation and benefits for employees called into active service
- USERRA 101, prepared by the National Veteran's Training Institute - A training course on USERRA
- ESGR Ombudsman Services Program, Employer Support of the Guard and Reserve (ESGR) - Customer service to help answer questions by telephone or email
- LAW FLASH, DOL Issues Final Regulations Interpreting USERRA (), prepared by Morgan Lewis, Counselors at Law, 12/20/2005
- Facts about USERRA for Employers (), prepared in question and answer format by the U.S. Coast Guard, 04/17/2008
- Guide to Veteran, military status and Washington State laws, prepared by Washington State Human Rights Commission
- New Federal and State Laws Affect Employers’ Leave Obligations for Military Personnel and their Families, by Kristin D. Anger and Shannon E. Phillips, Summit Law Group, MRSC In Focus, HR Advisor, May 2008