3A.06.055 Military service.
(1) Purpose. The purpose of this section is to ensure proper administration of employment-related benefits, including leaves of absence, for regular full-time and regular part-time employees who are members of the uniformed services, in accordance with federal and state law. This section shall supersede any conflicting provisions of the Snohomish County Code.
(2) Definitions
(a) Uniformed Services. Service in any branch of the United States armed forces (Army, Navy, Air Force, Marines, Coast Guard), including the reserves, the Army and Air National Guards, and the commissioned corps of the Public Health Service, and any other persons designated by the President of the United States.
(b) Authorized Military Leave. Approved leave for active duty in the uniformed services, granted according to the provisions of this chapter.
(c) Involuntary Mobilization Leave. Authorized military leave granted to an employee due to an involuntary mobilization under Title 10 or 32 of the United States Code for an uninterrupted period exceeding 30 days.
(3) Request for Military Leave. Requests for paid and/or unpaid military leave must be submitted in writing. Employees must provide their supervisors with copies of their military orders, including length of service if available, as soon as possible after they are received. The county may accept verbal notification of the need for military leave and may allow modification or postponement of the written requirements if giving such notice is impossible, unreasonable, or precluded by military necessity. Any request for leave must be submitted as far in advance as possible. Regular full-time and regular part-time employees are eligible for military leave as provided in this section. Other employees will be permitted to perform their military service, but may not be eligible for other benefits.
(4) Paid Military Leave. Paid leaves of absence shall be granted for authorized military leave in the military service, under RCW 38.40.060, for periods of required military duty, training or drills for a period not exceeding a total of 21 working days during each year, beginning October 1st and ending September 30th, provided the request for such leave is in writing and accompanied by a validated copy of military orders. Such leave will be in addition to any vacation leave to which an employee might otherwise be entitled.
(5) Unpaid Military Leave. Employees on authorized military leave for more than 21 working days, who have requested leave as prescribed above, shall be granted a leave of absence for a period of not to exceed five years or as provided by applicable state and federal statutes.
(6) Active Duty Differential Payment. If, on or after July 1, 2021, a regular full-time or regular part-time employee of the county has been granted involuntary mobilization leave, the employee may receive from the county the difference between the employee’s base pay and the employee’s military pay plus allowances, if the military pay and allowances are lower than the county base pay, upon the employee’s return to county employment. If, during a pay period for which the employee seeks differential pay, the employee received any pay from the county, the amount received will be deducted from the differential payment, if any, for the same pay period. Employees may elect to receive differential pay on a monthly basis or in a lump sum upon return from active duty. The county will pay based on its current pay schedule and shall deduct the prorated amount of the employee’s military earnings across the county’s pay structure. The employee must submit all military pay stubs monthly or at the end of involuntary leave to receive differential pay.
The employee shall also continue to receive from the county any medical, dental, and vision benefits the employee was receiving prior to mobilization within the limits and restrictions of the insurance and medical benefit plans.
For the purposes of this section, "base pay" shall mean the employee’s regular straight time base hourly rate of pay plus longevity, educational incentive and/or specialty pay, if any. "Base pay" does not include any shift premium.
Only members and potential members of the regular classified non-represented and exempt regular employees of the legislative branch of government, the executive branch of government, the prosecuting attorney’s office, superior and district courts, and regular employees represented by bargaining units to the extent agreed upon through collective bargaining to be bound by the terms of this section as now written, amended, or repealed, are eligible to receive differential pay and continuation of benefits under this section.
Receipt of differential payment and continuation of benefits is contingent on the employee applying for the same, seeking reemployment with the county or superior or district court under Title 38, Chapter 43 of the United States Code, the Uniformed Services Employment and Reemployment Act ("USERRA"), returning to active employment, and providing the county with supporting documentation as deemed necessary by the human resources department.
Payment and benefits provided for an involuntary mobilization under this section shall be limited to the term(s) of the involuntary mobilization, but in no case shall be provided for more than 24 months from the date of involuntary mobilization.
Receipt of differential pay and continuation of benefits shall not grant any right, benefit, or interest in employment or reemployment not granted to employees under USERRA or Washington state law. It is not a vested benefit and Snohomish County may repeal this program at any time.
(7) Continuation of Medical Insurance Benefits. Uniformed service members who are on unpaid leave of absence from employment because of the performance of ordered military duties may elect to continue their medical insurance coverage (including vision and dental insurance) for up to 24 months, or as required by law, by self-paying the full cost of the insurance premiums. Employees on involuntary mobilization leave may elect to continue such benefits for up to 24 months, with the county paying the employer’s portion of the insurance premiums. Premium payments must be made on the same schedule as is required for active employees in order to maintain coverage. Continuation of benefits for an involuntary mobilization is contingent on the employee applying for the same and providing the county with supporting documentation as deemed necessary by the human resources department. Employees on voluntary military leave may establish a holding account with the county from which to draw payments in the event current pay is insufficient to cover benefit premiums due.
(8) Employment Status. No member of the uniformed services shall be discharged from employment or discriminated against because of the performance of military duties for which he or she is ordered to serve.
(9) Leave Accrual. Employees on involuntary mobilization leave will continue to accrue leave under the applicable code or collective bargaining agreement (subject to maximum accrual limitations stated therein) as if the employee were in regular pay status. Leave accruals for an involuntary mobilization is contingent on the employee applying for the same and providing the county with supporting documentation as deemed necessary by the human resources department.
(10) Restoration of Employment. Any member of the uniformed services who has been on leave from employment because of the performance of ordered military duties may, upon the termination of such duty, make timely application to be reemployed. Such application must be submitted to the former appointing authority (department director or elected official) and include documentation establishing: (1) the employee’s length of military service, (2) the timeliness of the application for reemployment, and (3) the type of discharge. Only honorable discharged veterans are eligible for reemployment under USERRA. Reemployment upon return from military services will be determined in accordance with applicable federal and state laws.
(a) Application Deadlines. Federal and state laws, such as USERRA, contain specific application deadlines, depending on the length of absence from work, ranging from day one to 90 days after completing military service. Failure to request reemployment within the application deadlines will result in a waiver of any reemployment rights.
(b) Reemployment. Eligible returning service members will be restored, as nearly as possible, to their prior position or positions the service member would have held if remained continuously employed with the county, including such factors as:
• continuous service credit,
• anniversary date,
• step increase eligibility,
• automatic promotions,
• promotion eligibility,
• vacation accrual rates,
• personal holiday eligibility, and
• other benefit dates that are contingent upon seniority or continuous service.
However, returning service members who began their military leave while in probationary employee status will be required to successfully serve the remainder of their probationary period upon reemployment, subject to the provisions of chapter 3A.09 SCC or an applicable collective bargaining agreement.
(c) Medical Insurance. Reemployed service members’ medical insurance benefits (including dental and vision) will be reinstated without serving any waiting periods.
(d) Retirement Benefits. If the employee applies to, and is approved by DRS for service credit, and pays the employee portion of retirement contributions, the reemployed service members’ retirement benefits will be computed as if the employee had remained continuously employed. Authorized military leave will not be treated as a break in service and the county will make up its share of missed benefit contributions. However, no credit for employee earnings will be attributed to the period of leave.
(e) Seniority Benefits. Reemployed service members’ seniority, for purposes of county employment and collective bargaining agreements, will be computed as if the employee had remained continuously employed.
(11) Military Family Leave. Family leave for eligible military family members and military caregivers will be provided according to law as set forth in SCC 3A.06.040.
(12) Repeal. The provisions based on involuntary mobilization leave codified in this section shall be repealed without subsequent council action on the effective date United States Code, Title 38 is amended to include differential payments from any federal source. (Added by Amended Ord. 21-039, July 21, 2021, Eff date Aug. 2, 2021; Amended by Amended Ord. 22-008, Apr. 6, 2022, Eff date Apr. 16, 2022).