Challenges Continue to Employer Leave Policies

Challenges Continue to Employer Leave Policies

A recent court of appeals decision returns to the jury the determination of whether short term USERRA leave is comparable to jury duty and other types of leave.

In Clarkson v. Alaska Airlines Inc, et al., the Federal Court for the Eastern District of Washington considered whether the airline violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to pay pilots full wages while on military leave, while paying wages to employees during other types of leave. Clarkson alleged that because the airline provided paid leave for non-military types of leave (including jury duty, bereavement, and sick leave) the airline should also be required to pay pilots during short-term military leaves of thirty days or less. The lower court ruled against Clarkson. That decision was appealed by Clarkson.

The appeals court found that the district court erred in finding that a reasonable jury would not find military leave comparable to non-military leave. In doing so, the district court erred by comparing all military leaves, rather than just the short-term military leaves at issue here. This district court also disregard facts regarding the three factors in the in the comparability analysis: duration, purpose, and control. The appeals court held that since factual disputes existed, comparability would be an issue for the jury to decide. The previous decision was therefore reversed and remanded. The district court was instructed to consider in the first instance the issue of whether “pay during leave” was a standalone benefit that the airlines provided under its collective bargaining agreements to any employee on leave. 


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Challenges Continue to Employer Leave Policieshttps://www.cbiz.com/Portals/0/Images/Military Leave.jpg?ver=3RowONY-LgpGromylGNyeQ%3d%3dA recent court of appeals decision returns to the jury the determination of whether short term USERRA leave is comparable to jury duty and other types of leave. 2023-03-03T20:00:00-05:00A recent court of appealsdecision returns to the jury the determination of whether short term USERRAleave is comparable to jury duty and other types of leave.Regulatory, Compliance, & LegislativeEmployee Benefits ComplianceNo