Travis Bearden v. City of Ocean Shores
Opinion
Opinion
I. Background
Travis Bearden was employed as a firefighter for the City while he also served in the U.S. Army Reserves. In fall 2019, Bearden submitted a military order to the City stating that he was required to report for military duty (“annual training”) from October 16-30, 2019. He submitted a subsequent military order stating that he was required to report for military duty (“active duty for training”) for an additional nine months, until August 27, 2020. The City charged the initial period of Bearden’s absence to his twenty-one days of paid military leave under § 38.40.060 for the leave year of October 1, 2019, to September 30, 2020. After Bearden had exhausted his military leave, he used other accrued leave, which he exhausted in February 2020. In February 2020, the City put Bearden on “Leave without pay status.” In July 2020, Bearden submitted another military order to the City indicating that he would continue on military duty (“active duty”) until May 2021. On October 27, 2020, Bearden asked the City why he had not been paid for twenty-one days of military leave under § 38.40.060 for the new leave year of October 1, 2020,