Most companies whose employees take time away from work to fulfill their military duties know that they must return those employees to their jobs when they return. However, fewer employers realize that, under federal law, they also may be required to pay these employees during their military leaves, even for short absences.
That misunderstanding cost a major airline $18.5 million in settlement payouts.
This case serves as a reminder that, under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees who serve in the military are entitled to the same rights and benefits as coworkers on comparable forms of leave.
That means, if you offer paid time off for jury duty, bereavement, or other civic obligations, then denying pay for short-term military service could land your company in court.
Where employers get it wrong
Even well-intentioned employers often stumble in three areas:
1. They treat military leave differently.
It’s common to assume military leave is “unpaid” by default. But if other short leaves are paid, such unequal treatment may violate USERRA.
2. They forget about short-term absences.
Many policies address long-term deployments but overlook short, recurring duties, weekend training or brief reserve assignments, where most claims arise.
3. They apply benefits inconsistently.
If one department grants pay for civic leave but another denies it for military leave, such inconsistency can raise red flags for regulators or judges.
Questions every employer should ask
- Do our policies clearly define which types of leave are paid versus unpaid?
- Do we offer similar pay and benefits for short military service leaves as for other short leaves of absence?
- Are managers and payroll teams trained on how to apply USERRA?
- Do we have a process to track and document military-related absences accurately?
If the answer to any of these questions is “I’m not sure,” it’s time to review your policies.
The cost of guessing wrong could mean back pay, penalties, and reputational harm, not to mention the message it sends to employees who serve our country.
If you need help reviewing your policies or aligning your leave practices with federal requirements, our Peace of Mind Package gives you on-call access to employment counsel who can help you stay compliant, before questions turn into lawsuits.
You can always call us at 973.787.8442 or email us at legaladmin@alixrubinlaw.com
This blog is for informational purposes only. It is not offered as legal advice, nor is it intended to create an attorney-client relationship with any reader. Consult with competent local employment counsel to determine how the matters addressed here may affect you.
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