USERRA Does Not Require Paid Military Leave...Or Does It?
The landscape of federal military leave law may be shifting. In the past three years, four federal appellate courts have held that an employer may be required to offer paid leave for an employee’s military service where the leave is comparable to paid leave offered by the employer for non-military reasons. Employers in these jurisdictions and other jurisdictions should consider reviewing their leave and paid leave policies with legal counsel to assess their potential obligations. The federal Uniformed Services Employee and Reemployment Rights Act (USERRA) provides, in relevant part: [A] person who is a bsent from a position of employment by reason of service in the uniformed services shall be: A. deemed to be on furlough or leave of absence while performing such servic e; and B. entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough ...