Employee Benefit Plan Review Publishes Akin Gump Article on USERRA Appeals Court Ruling

Employee Benefit Plan Review has published the article “USERRA May Require Employers to Provide Paid Military Leave, Circuit Court Rules,” written by Akin Gump labor and employment partner Esther Lander, senior counsel Anastasia Kerdock and associate Katherine Heise.

The article, which originated as an Akin Gump client alert, discusses the implications of a federal appeals court decision in White v. United Airlines, which held that “the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) requires employers to provide short-term paid military leave, if they provide paid leave for comparable non-military absences, such as for jury duty or bereavement leave.” Prior to the court’s ruling, the authors note, some district courts held that “paid leave is not a ‘right’ or ‘benefit’ within the meaning of USERRA,” while others reached opposite conclusions.

Lander, Kerdock and Heise suggest that any employers with a large workforce in the National Guard or Army Reserve should review the White decision carefully. They conclude by noting that “claims for paid military leave are a prime candidate for class action treatment.”

To read the article in its entirety, please click here.