Professional Service Agreement

Employer Must Offer Paid Leave to Military Reservist to Extent It Pays for Other Types of Leave

February 19, 2021

A federal appellate court has held that the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that military leave be accorded the same "rights and benefits" as comparable, nonmilitary leave: paid military leave must be provided to the same extent that an employer provides paid leave for other absences, such as jury duty and sick leave. Concluding that the case was ended prematurely, the appeals court reversed the judgment of the lower court and remanded the matter for further proceedings. On remand, the employee must show that any leave of absence for which his employer provides paid leave is comparable to any given stretch of military leave.