Wash. Rev. Code » Title 38 · Chapter 38.40
Revised Code of Washington

Wash. Rev. Code § 38.40.060 (2026)

Military leave for public employees

✓ current as of May 2026
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(1) 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 twenty-one days 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 including those in the national guard under Title 10 U.S.C., Title 32 U.S.C., or state active status.
(2) 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.
(3) 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.
(4)(a) The officer or employee shall be charged military leave only for days that he or she is scheduled to work for the state or the county, city, or other political subdivision.
(b) If the officer or employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the officer or employee shall be charged military leave for only the first calendar day. If the officer or employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the officer or employee shall be charged military leave for each calendar day except the calendar day on which the shift ends.
[ 2018 c 99 s 1; 2010 c 91 s 1; 2008 c 71 s 5; 2001 c 71 s 1; 1991 c 25 s 1; 1989 c 19 s 50; 1957 c 236 s 1; 1939 c 113 s 1.]

Notes:

Effective date—2001 c 71: "This act takes effect October 1, 2001." [ 2001 c 71 s 2.]
Application—1991 c 25: "This act applies to all public employees and officers who reported for active duty or active training duty, under RCW 38.40.060, on or after August 2, 1990." [ 1991 c 25 s 2.]
Military family leave act: Chapter 49.77 RCW.
Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 1989–2025 · leading case: Washington Fed'n of State Employees v. State Pers. Bd., 773 P.2d 421 (Wash. Ct. App. 1989).
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Washington Fed'n of State Employees v. State Pers. Bd., 773 P.2d 421 (Wash. Ct. App. 1989). · cites it 7× “The Federation claimed that the trial court should declare the rule invalid for the reason that the rule was in excess of the statutory authority of the agency, in that it conflicted with RCW 38.40.060. *307 The challenged rule relates to the computation of paid leave for state…”
Travis Bearden v. City of Ocean Shores, 103 F.4th 585 (9th Cir. 2024). · cites it 4× “See Wash. Rev. Code Ann. § 38.40.060 (West 2024).”
Bearden v. City of Ocean Shores (Wash. 2025). · cites it 36× “153 (a) by denying him accrued leave, including paid military leave under RCW 38.40.060, while he was absent for military service.”
Bearden v. City of Ocean Shores (W.D. Wash. 2022). · cites it 21× “1 During his leave, the City paid Bearden through his use of other paid leave, “Kelly 2 days,”1 and 21 days of accrued military leave pursuant to RCW 38.40.060. Dkt. 17 at 2, 3 ¶ 3. Bearden exhausted this paid leave in January 2014.”
Travis Bearden v. City of Ocean Shores (9th Cir. 2025). · cites it 2× “leave under Wash. Rev. Code § 38.40.060 . As the parties are familiar with the facts, we do not recount them here.”
Kinnune v. State of Washington (E.D. Wash. 2024). “11 He extrapolates that “[t]hese state-protected rights . . . are inextricably connected to 12 [Mr.”
— Wash. Rev. Code § 38.40.060(1) — 2 cases
Bearden v. City of Ocean Shores (Wash. 2025). “153 (a) by denying him accrued leave, including paid military leave under RCW 38.40.060, while he was absent for military service.”
Bearden v. City of Ocean Shores (W.D. Wash. 2022). “1 During his leave, the City paid Bearden through his use of other paid leave, “Kelly 2 days,”1 and 21 days of accrued military leave pursuant to RCW 38.40.060. Dkt. 17 at 2, 3 ¶ 3. Bearden exhausted this paid leave in January 2014.”
— Wash. Rev. Code § 38.40.060(2) — 1 case
Bearden v. City of Ocean Shores (Wash. 2025). “153 (a) by denying him accrued leave, including paid military leave under RCW 38.40.060, while he was absent for military service.”
— Wash. Rev. Code § 38.40.060(3) — 1 case
Bearden v. City of Ocean Shores (Wash. 2025). “153 (a) by denying him accrued leave, including paid military leave under RCW 38.40.060, while he was absent for military service.”
— Wash. Rev. Code § 38.40.060(4)(a) — 2 cases
Bearden v. City of Ocean Shores (W.D. Wash. 2022). “1 During his leave, the City paid Bearden through his use of other paid leave, “Kelly 2 days,”1 and 21 days of accrued military leave pursuant to RCW 38.40.060. Dkt. 17 at 2, 3 ¶ 3. Bearden exhausted this paid leave in January 2014.”
Bearden v. City of Ocean Shores (Wash. 2025). “153 (a) by denying him accrued leave, including paid military leave under RCW 38.40.060, while he was absent for military service.”
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