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.
San Francisco approved the Military Leave Pay Protection Act, which mandates that certain employers must provide paid leave for employees taking leave for military duty. The ordinance takes effect 30 days after passage on February 19, 2023.
San Francisco Mayor London Breed approved city ordinance requiring large private employers to provide differential paid leave for military reservists called up to active duty. Military Leave Pay Protection Act adds Article 33Q to city Police Code.
In February of 2021, we published an Alert on the Seventh Circuit’s groundbreaking decision in White v. United Airlines, Inc., et al., in which it became the first federal appellate.
The Third Circuit in Travers v. Federal Express Corporation revived a class action lawsuit under USERRA, holding that employers must provide servicemembers with pay during military leave when employers pay employees on comparable types of leave.