BILL REQ. #:  S-5048.2 

READ FIRST TIME 03/01/04.   

     AN ACT Relating to military leave for public employees; and amending RCW 38.40.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 38.40.060 and 2001 c 71 s 1 are each amended to read as follows:
     ((Every officer and employee of the state or of any county, city, or other political subdivision thereof who is a member of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve of the United States, or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding fifteen days during each year beginning October 1st and ending the following September 30th. Such leave shall be granted in order that the person may report for active duty, when called, or take part in active training duty in such manner and at such time as he or she may be ordered to active duty or active training duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the officer or employee shall receive from the state, or the county, city, or other political subdivision, his or her normal pay.)) Public employees who are members of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve of the United States, or of any organized reserve or armed forces of the United States are entitled to and shall be granted military leave of absence from their employment as follows:
     (1) Every officer and employee of the state or of any county, city, or other political subdivision thereof is entitled to military leave for a period not exceeding fifteen days during each year beginning October 1st and ending the following September 30th. This leave shall be granted in order that the person may report for active duty, when called, or take part in active training duty in the manner and at the time as he or she may be ordered to active duty or active training duty. This military leave of absence is in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the officer or employee shall receive from the state, or the county, city, or other political subdivision, his or her normal pay.
     (2)(a) Every officer and employee of the state, excepting only temporary employees and employees of school districts and educational service districts, who is mobilized under Title 10 or 32 of the United States Code for a period exceeding thirty days, is entitled to and shall be granted, in addition to the military leave of absence provided in subsection (1) of this section, military leave of absence from their employment for a period not exceeding two years. This leave shall be granted in order that the person may report for active duty. This military leave of absence is in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating or privileges. During the period of military leave, if the combined military pay and allowances of the officer or employee are less than his or her normal pay from the state, then he or she shall receive as compensation from the employing agency one-half of the difference.
     (b) "Normal pay," for the purposes of this subsection, means an employee's regular pay, increased by any step or merit increase and cost-of-living adjustments as and when appropriate, calculated using the average number of hours per pay period that the employee worked over the six-month period immediately preceding mobilization.
     (3) The department of personnel shall adopt rules necessary to implement this section.