Chapter 2.36
MILITARY LEAVE*
Sections:
2.36.010 Annual leave for reservists.
2.36.030 Other military leave and obligations.
*Code reviser’s note: Ord. 3373 added this chapter as Chapter 2.25. It has been editorially renumbered to prevent duplication of chapter numbers.
2.36.010 Annual leave for reservists.
Every city employee 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 annual leave as provided in RCW 38.40.060. [Ord. 3373 § 1, 2001].
2.36.020 Military service.
A. Subject to the provisions of subsections (B) through (G) of this section, every city employee who is called to active duty or enlists for duty in the Washington National Guard, or in the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States of America shall be entitled to receive from the city, commencing on the first day the employee reports for active duty, or the first day of duty after expiration of accrued leave (see subsection (A)(4) of this section), and continuing for the period specified below, or until the employee’s discharge from service, whichever first occurs:
1. For 60 days, the difference, if any, between the employee’s regular salary or wages, fixed as of the last day of service rendered to the city prior to reporting for active duty, and the military compensation paid to the employee for the employee’s military service, inclusive of housing and food allowances and other similar expenses; and
2. For 90 days, following the expiration of leave provided for in subsection (A)(1) of this section: medical, dental and vision benefits for the employee and the employee’s dependents, at the same level as provided to the employee and the employee’s dependents as of the last day of service rendered to the city prior to reporting for active duty. To the extent consistent with plan documents, the employee may continue to participate in the MEBT plan for so long as the employee receives eligible compensation salary under subsection (A)(1) of this section or through the use of accrued leave.
3. An employee shall be entitled to utilize the total of the benefits set forth in this section once within any five-calendar-year period. The five-year period shall commence on the first day such benefit(s) are used.
4. An employee may utilize vacation, compensatory time and other forms of accrued leave eligible for use in accordance with the terms of, and limitations on the use of, such accrued leave, prior to or in conjunction with the use of military leave, in order to supplement or extend the benefits created by this chapter. Use of such benefits shall result in an adjustment of time limits for military leave to reflect the usage of accrued leave.
B. In order to qualify for the compensation in benefits provided under subsection (A) of this section, an employee who is involuntarily called to or enlists in active military service must execute an agreement obligating the employee to return to work at the city upon completion of active duty and within the employment rights period established by federal law. The agreement shall provide that if the employee fails to return to city employment during the time period prescribed by law, the employee shall be obligated to reimburse the city for all compensation and benefits that are paid under this section.
C. In order to receive the compensation provided by subsection (A)(1) of this section, the employee shall be required to submit copies of his or her military pay stubs showing all compensation received from the military during the period of active service. The employee may submit such stubs once per pay period but no more frequently than once every two weeks. The city shall pay the compensation amount due under subsection (A)(1) of this section, if any, at the time of the city’s next regularly scheduled payroll.
D. City employees who have already been involuntarily called to military service or enlisted in military service prior to the effective date of the amendment of this section (January 19, 2009) may qualify for the compensation and benefits provided herein by signing an agreement to return as provided in subsection (B) of this section. In such case, the 60 days of compensation and benefits and the 90 days of insurance continuation shall commence on the date the agreement is signed.
E. During the period of military leave, the employee shall not accrue or receive any other compensation, benefits, seniority or any other rights whatsoever from the city except those specifically provided for in this section and those specifically required by state and federal law, except to the extent that additional leave accrues through the use of accrued leave under subsection (A)(4) of this section.
F. Use of the term “employee” in this section in order to describe those called to military service is for convenience only and is not intended to imply that such persons remain city employees during the period of active duty. Upon completion of the last day of service for the city prior to reporting for active military service, such person is no longer a city employee for any purpose, unless and until reemployed by the city as provided under state and federal law.
G. Nothing herein shall be interpreted to expand the rights of employees to return to the city beyond those granted by state and federal law. By way of illustration and not limitation, the city reserves its right to determine whether an employee can be reasonably accommodated in the event that he/she becomes disabled, to refuse to employ an individual who is dishonorably discharged or otherwise to exercise its statutory or common law discretion as a public employer. [Ord. 3722 § 1, 2009; Ord. 3399 § 1, 2002; Ord. 3373 § 1, 2001].
2.36.030 Other military leave and obligations.
The city will comply with all provisions of state and federal law relating to military leaves and benefits, including, but not limited to, 38 U.S.C. § 4301, et seq., and RCW 38.40.060. [Ord. 3373 § 1, 2001].