Washington State law provides 21 days of paid military leave to public (i.e. government) employees “during each year beginning October 1st and ending the following September 30th in order that the person may report for required military duty, training, or drills.” RCW § 38.40.060(1).

Plaintiff is a member of the Army Reserves and is employed as a firefighter and paramedic by the City of Ocean Shores, Washington.

After going on military leave for two weeks in October 2019 and again for nine months from November 2019 to August 2020, Plaintiff exhausted his 21 days of paid military leave and then other types of accrued leave. After Plaintiff exhausted all of his various forms of leave, the City put Plaintiff on “leave without pay status” in February 2020. 

In July 2020, Plaintiff received and submitted to the City additional military orders to continue his military duty starting in August 2020 for another 273 days. After requesting payment of 21 days of military leave, the City denied his request by claiming that he was not scheduled to work on the days he was on military leave due to his status of on a military leave of absence.

The lawsuit alleges that the City violated USERRA by denying Plaintiff’s request for paid military leave and imposing additional prerequisites on his right to paid military leave.

The Complaint was filed on January 13, 2021 in the Western District of Washington. The Amended Complaint was filed on September 29, 2021.

Defendants moved for summary judgment on October 26, 2021, which was granted by the Court on December 8, 2022.

Plaintiff filed a notice of appeal to the Ninth Circuit on January 6, 2023. The Ninth Circuit heard argument and then certified the following question to the Washington State Supreme Court:

• Is a public employee entitled to paid military leave under Wash. Rev. Code Ann. § 38.40.060 if the employee is not "scheduled to work" by the employer because the employee is on active duty during an extended military leave of absence?

The Washington State Supreme Court held oral argument on January 15, 2025. A video of the oral argument at the Washington Supreme Court can be found here:  https://tvw.org/video/washington-state-supreme-court-2025011111/

The case is currently pending a decision from the Washington State Supreme Court.

Ninth Circuit Order Certifying Question to Washington State Supreme Court – May 29, 2024

Order Granting Motion for Summary Judgment – December 8, 2022

Amended Complaint – September 29, 2021

Complaint – January 13, 2021