Employers must pay for military leave if they pay employees on comparable leaves. In Clarkson v. Alaska Airlines, Inc., Ninth Circuit held Uniformed Services Employment and Reemployment Rights Act USERRA should compare short-term military leave to other non-military leaves.
In 5-4 decision United States Supreme Court held states, agencies cannot invoke sovereign immunity as defense to discrimination claims brought under Uniformed Services Employment and Reemployment Rights Act in Torres v. Texas Department of Public Safety.