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Military Service Members Paid Leave

Lathrop GPM

USERRA Does Not Require Paid Military Leave...Or Does It?

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The landscape of federal military leave law may be shifting. In the past three years, four federal appellate courts have held that an employer may be required to offer paid leave for an employee’s military service where the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA

On June 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit held in Myrick v. City of Hoover, Alabama that military leave is comparable to paid administrative leave under the Uniformed Services Employment and...more

Willcox & Savage

Does USERRA Require Paid Leave for Service in the Military and Reserves? The Potential Answer May Surprise You.

Willcox & Savage on

Most employers are well aware that the Uniform Services Employment and Reemployment Rights Act, (“USERRA”) requires businesses to grant protected leave to employees called to active duty or engaged in reserve training. ...more

Miles & Stockbridge P.C.

It’s Time for Employers to Review Military Leave Policies

The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all private employers in the U.S., regardless of size, and requires them to provide unpaid leave for up to five years for certain absences...more

Amundsen Davis LLC

Local and State Employment Law Update: Wages & Paid Leave

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Check out some of the most recent state law updates on wages and paid leave. COLORADO- House Bill 23-1045 clarifies that members of the Colorado National Guard or U.S. reserve forces may take leave from employment to...more

Seyfarth Shaw LLP

San Francisco Employees Now Entitled To Differential Pay For Military Leave

Seyfarth Shaw LLP on

On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

San Francisco Passes Ordinance Requiring Private Employers to Provide Paid Military Leave

On January 20, 2023, San Francisco Mayor London Breed approved a city ordinance that will require large, private employers to provide differential paid leave for military reservists called up to active duty. The “Military...more

Stevens & Lee

Coverage and Funding Details of the Healthy Delaware Families Act

Stevens & Lee on

On May 10, 2022, Governor John Carney signed the Healthy Delaware Families Act (the “Act”) into law. The Act provides a 12‑week paid family and medical leave program, financed by the State’s paid leave trust fund to: (1)...more

Quarles & Brady LLP

Legal Update: Pay for Military Leave Gaining Federal Court Support

Quarles & Brady LLP on

In February of 2021, we published an Alert on the Seventh Circuit’s groundbreaking decision in White v. United Airlines, Inc., et al., in which it became the first federal appellate court to address the issue of pay for...more

Bradley Arant Boult Cummings LLP

You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!

The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the...more

Sherman & Howard L.L.C.

Anchors Away, Leave For Reservists With Pay?

Since 1940, the United States has provided some form of job protection to civilian employees who also serve their country as members of the military. Most recently, in 1994, Congress enacted the Uniformed Services...more

Foley & Lardner LLP

Employers Beware: You May Be Required to Provide Paid Military Leave

Foley & Lardner LLP on

The Uniformed Services Employee and Reemployment Rights Act (USERRA) provides employees with a variety of leave entitlements for absences related to military service. The law does not explicitly require paying employees out...more

Morgan Lewis

Third Circuit Joins Seventh Circuit in Holding Paid Leave May Be Required During Military Service

Morgan Lewis on

The US Court of Appeals for the Third Circuit held on August 10 in Travers v. Federal Express Corporation that paid leave is among the “rights and benefits” that the Uniformed Services Employment and Reemployment Rights Act...more

Roetzel & Andress

O Say Can You See? Federal Courts Say Military Members Entitled To Paid Leave

Roetzel & Andress on

This week, the federal appellate court in Pennsylvania ruled that workers who take leave to serve in the military must be paid for that time if their employers offer other forms of comparable short-term paid leave. The Third...more

Ballard Spahr LLP

Third Circuit Rules Reservists May Need to Be Paid for Military Leave

Ballard Spahr LLP on

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) establishes rights and benefits for employees and employment applicants who have served in the military or have engaged in other forms of...more

Foley & Lardner LLP

Federal Court Rules Military Leave Is Not Comparable to Other Types of Employer-Provided Paid Leaves

Foley & Lardner LLP on

Earlier this year, we wrote about the U.S. Court of Appeals for the Seventh Circuit’s decision in White v. United Airlines, Inc., in which the court concluded that paid military leave falls within the “rights and benefits”...more

Akin Gump Strauss Hauer & Feld LLP

Seventh Circuit Rules USERRA May Require Employers to Provide Paid Military Leave

Key Points - Last week, in White v. United Airlines, Inc.1, the U.S. Court of Appeals for the 7th Circuit held that USERRA requires employers to provide short-term paid military leave, if they provide paid leave for...more

BakerHostetler

Seventh Circuit Fires Warning Shot, USERRA May Require Paid Military Leave

BakerHostetler on

In a case that it characterized as one of first impression in the federal courts of appeals, the Seventh Circuit held last week that the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq....more

Morgan Lewis

Seventh Circuit: Paid Leave May Be Required During Military Service

Morgan Lewis on

The US Court of Appeals for the Seventh Circuit on February 3 reinstated an airline pilot’s putative class action lawsuit alleging that United Airlines violated the Uniformed Services Employment and Reemployment Rights Act...more

Hinshaw & Culbertson - Employment Law...

Hinshaw's 12 Days of California Labor & Employment Series – Day 9: Additional Leave Law Updates

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this ninth day of the...more

Constangy, Brooks, Smith & Prophete, LLP

Thank You, Veterans!

In honor of Veterans Day, here's a summary of employment laws that protect you. Before employment. For federal contractors, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (affectionately known as "VEVRAA"),...more

Fox Rothschild LLP

Colorado Voters Approve Statewide Paid Family And Medical Leave

Fox Rothschild LLP on

On November 3, 2020, Colorado voters approved Colorado Proposition 118, setting the stage for creation of a statewide paid family and medical leave program. Proposition 118 creates a statutory program to provide paid leave...more

Jackson Lewis P.C.

Governor Newsom Signs Legislation Expanding Paid Family Leave For Employees Who Are Participating In A Qualifying Exigency

Jackson Lewis P.C. on

Governor Newsom signed Assembly Bill 2399 on September 30, 2020, which extended the definitions for Paid Family Leave under Sections 3302 and 3307 of the Unemployment Insurance Code to include additional coverage for active...more

Hinshaw & Culbertson LLP

Attention All Employers! Illinois Revises its Military Leave Laws

This summer, Illinois passed the Illinois Service Member Employment and Reemployment Rights Act (ISERRA). This law is effective January 1, 2019. The new ISERRA explicitly incorporates the federal Uniform Services Employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Veterans May Be Entitled to Paid Leave on Veterans Day

Massachusetts employers are reminded that, per legislation signed by Governor Charlie Baker in July 2016, qualifying veterans scheduled to work on Veterans Day who wish to participate in Veterans Day activities in their...more

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