A legal battle is unfolding over paid military leave in courtrooms across the country, as a new wave of class-action lawsuits and court rulings raises a question: are National Guard and Reserve troops entitled to paid short-term military leave under federal law?<\/p>\n\n\n\n
Reserve component troops are suing their employers across the country, arguing that the courts should interpret the Uniformed Services Employment and Reemployment Rights Act of 1994 to include paid leave as one of the \u201crights and benefits\u201d protected under the law commonly known as USERRA. Their argument: short-term paid military leave is comparable to other forms of short-term paid leave like jury duty leave or sick leave, therefore employers who offer other paid leaves are violating USERRA if they don\u2019t offer paid short-term military leave of comparable length and compensation to the other types of leave.<\/p>\n\n\n\n
So far, the argument is seeing some success in federal court. That is partially due to how strong USERRA\u2019s protections are, said Allen Shoikhetbrod, a partner at Tully Rinckey who specializes in federal employment law.<\/p>\n\n\n\n
\u201cUSERRA\u2026is very service member friendly,\u201d said Shoikhetbrod in an interview with Military Times. \u201cWhen you compare it to Title XII of the Civil Rights Act [or] the Americans With Disabilities Act, it is really in favor of the service member. And [USERRA\u2019s] definition of benefits of employment and seniority rights continues to be expanded on.\u201d<\/p>\n\n\n\n
Some employers have opted to settle these cases and change their military leave policies rather than have a costly litigation fight. Walmart settled a class action suit in January, offering up to $14 million to approximately 7,000 Guard and Reserve troops who were employed by the corporation. The retailer also updated its HR policies to include short-term paid military leaves of less than four days as part of the settlement agreement, in which Walmart did not admit fault.<\/p>\n\n\n\t