HOUSE BILL REPORT

SB 6196

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

State Government & Tribal Affairs

Title: An act relating to military leave for public employees.

Brief Description: Concerning military leave for public employees.

Sponsors: Senators Hobbs, Hewitt, Pridemore, Shin, Roach, Kilmer, Franklin, Swecker, Fairley, King, Benton, Keiser, Rockefeller, Tom, Kohl-Welles, Kline and Kauffman; by request of Military Department.

Brief History:

Committee Activity:

State Government & Tribal Affairs: 2/19/10, 2/23/10 [DPA].

Brief Summary of Bill

(As Amended by House)

  • Expands the use of military leave to include state active duty.

  • Clarifies that military leave may be charged only for the days the employee is normally scheduled to work for the state or local government.

HOUSE COMMITTEE ON STATE GOVERNMENT & TRIBAL AFFAIRS

Majority Report: Do pass as amended. Signed by 8 members: Representatives Hunt, Chair; Appleton, Vice Chair; Armstrong, Ranking Minority Member; Alexander, Flannigan, Hurst, Miloscia and Taylor.

Staff: Marsha Reilly (786-7135).

Background:

Any officer or employee of state or local government who is a member of the Washington National Guard, Army, Navy, Air Force, Coast Guard, or Marine Corps Reserves of the United States, or of any organized reserve or armed forces of the United States, is entitled to 21 days of military leave of absence from employment each year. The leave is granted so the person may report for active duty or active training duty and is in addition to vacation or sick leave. Taking leave will not result in any loss of efficiency rating, privileges, or pay. The employee receives his or her normal pay during this leave.

Active state service or active training duty is construed to be any service on behalf of the state, or at encampments whether ordered by state or federal authority, or any other duty requiring the entire time of any organization or person except when called or drafted into the federal service by the President of the United States.

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Summary of Amended Bill:

Military leave shall be granted for required military duty, training, or drills including those in the National Guard under Title 10 U.S.C., Title 32 U.S.C., or state active status. An officer or employee of state or local government shall be charged military leave only for the days that he or she is regularly scheduled to work.

Amended Bill Compared to Original Bill:

The amendment makes clear that a public employee on military leave may only be charged leave for the time that he or she is regularly scheduled to work for the public employer.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) Military leave only applies to public employment and public employers may only charge military leave for the time the employee is scheduled to work. The Washington Federation of State Employees supports the bill. Many members are in the reserves. Agencies have been inconsistent in applying the law and this will clear it up.

(Opposed) None.

Persons Testifying: Brigadier General Bret Daugherty, Washington Military Department; and Matt Zuvich, Washington Federation of State Employees.

Persons Signed In To Testify But Not Testifying: None.