Washington Supreme Court hears case on whether public employers must keep paying annual 21‑day military leave during extended active duty

The Washington State Supreme Court heard oral argument Jan. 16 in Travis Bearden v. City of Ocean Shores, a dispute over whether public employers must pay a 21‑day block of paid military leave each year to employees who remain on extended active orders and whether state law contains a separate reemployment requirement.

Thomas Girard, counsel for firefighter and appellant Travis Bearden, told the court the issue is “Ocean Shore's manipulation of the Washington Paid Leave statute for military service.” Girard argued the statute’s plain language requires employers to pay service members for days they were regularly scheduled to work during military leave and contains no limit on the type or length of military duty or any intervening reemployment requirement.

“Scheduled to work, within the context of the statute, is very clear,” Girard said, urging the justices to treat nontraditional schedules—such as 24‑ or 36‑hour firefighter shifts—as regular…