Military leave - Washington

Summary of differences between federal and state regulations

The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.

A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

Any person who is a resident of Washington or is employed within this state, and who vacates a position (other than a temporary position) for service in the uniformed services, shall, provided he or she meets the requirements of state law, be reemployed. The employer need not reemploy such person if circumstances have so changed such that reemployment would be impossible or unreasonable due to a change in the employer's circumstances, or would impose an undue hardship on the employer.

If such person is still qualified to perform the duties of his or her former position, he or she shall be restored to that position or to a position of like seniority, status and pay. If he or she is not so qualified as a result of disability sustained during service, but is qualified to perform the duties of another position, he or she shall be reemployed in such other position. Such position shall provide like seniority, status, and pay, or the nearest approximation consistent with the circumstances.

Any person who is entitled to be restored to a position shall be so restored without loss of seniority. He or she shall further be entitled to participate in insurance, vacations, retirement pay, and other benefits offered by the employer; and shall not be discharged from such position without cause within one year after restoration.

Employees of public employers who take military leave are also eligible for 21 days pay at the normal rate.

Military family leave

Effective June 12, 2008, a new law passed by the Washington Legislature allows spouses of military personnel to take up to 15 days unpaid leave while their spouse is on leave from deployment, or before and up to deployment, during times of military conflict declared by the President or Congress. All employers, public and private, are covered, regardless of size.

For purposes of this leave, an “employee” is defined as a person who works an average of 20 or more hours weekly, excluding independent contractors.

An employee must provide his or her employer with notice of the employee’s intention to take leave within five business days of receiving official notice that the employee’s spouse will be on leave or of an impending call to active duty.

Leave is without pay, but an employee may substitute accrued leave for any part of the family military leave. An employee who takes family military leave is entitled to job protection and the same benefits as under the state Family Leave Act.

Leave for public employees who also serve in the reserves or national guard has been increased from 15 to 21 days.

For more information, see www.lni.wa.gov/WorkplaceRights/LeaveBenefits/FamilyCare/

State

Contact

Military family leave
Department of Labor & Industries

Regulations

Washington Revised Code Title 73, Chapter 73.16, Employment and reemployment

Washington Revised Code Title 38, Chapter 40, Section 38.40.060 Military leave for public employees.

Military family leave

Washington Revised Code Chapter 49.77

Federal

Contacts

DOL’s Veterans’ Employment and Training Service (VETS)

Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770

Website: www.dol.gov/vets/

Regulations

5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury

20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994