USERRA Short-term Paid Military Leave Class Action Revived by Federal Appeals Court
On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Synoracki v. Alaska Airlines, Inc., reviving a class action under the Uniformed Services Employment and Reemployment Rights Act (USERRA) . The case was brought by pilots who served in the Air Force Reserves who were s eeking from their civilian employer sick leave and vacation accruals during periods of military leave . The complaint alleges that the class is entitled to accrue vacation and sick leave while on military leave because the airline allowed non-military pilots on sick leave and jury duty to do so . The Ninth Circuit’s decision marks the latest noteworthy pro-USERRA-plaintiff decision calling attention to the issue of whether the act requires employers to provide short-term paid military leave if they provide paid leave for comparable non-military absences, such as for jury duty, vacation, bereavement, or sick time. USERRA prohibits employers from discriminating and retaliating against...