Military Family Leave - Wash. Rev. Code § Sec. 49.77

Covered Employers: All employers who engage in business in Washington

Employee Eligibility: All employees who work an average of 20 or more hours per week.

Entitlement: During a period of military conflict, an employee who is the spouse of a member of the armed forces of the United States, national guard, or reserves who has been notified of an impending call or order to active duty or has been deployed is entitled to a total of 15 days of leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment or when the military spouse is on leave from deployment. The purpose of the Military Leave Act is to assure that military families are able to spend time together after being notified of an impending call or order to active duty and before deployment and during a military member's leave from deployment.

Paid?: No. But an employee may elect to substitute any of the accrued leave to which the employee may be entitled for any part of the leave. An employer cannot require the employee to substitute accrued paid leave for any period of unpaid military family leave.

Benefits: If the employee on leave under this chapter is not eligible for any employer contribution to medical or dental benefits under an applicable collective bargaining agreement or employer policy during any period of leave, an employer must allow the employee to continue, at the employee's expense, medical or dental insurance coverage, in accordance with state or federal law. The premium to be paid by the employee shall not exceed one hundred two percent of the applicable premium for the leave period.

Notice Required: Must provide the employer with notice, within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment, of the employee's intention to take leave.

Reinstatement: Employees returning form leave must be restored to their previous position, or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within 20 miles of the employee's workplace when leave commenced. An employer may deny restoration to any salaried employee who is among the highest paid ten percent of employees within 75 miles of the facility in which the employee is employed if: (a) denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; (b) the employer notifies the employee of the intent to deny restoration at the time the employer determines that injury would occur; and (c) the leave has commenced and the employee elects not to return to employment after receiving the notice.

Absence Specifications