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Class Action Lawsuits Challenge Employers' Military Leave Practices
Thomson Reuters / EBIA 
May 12, 2022 "As noted in both opinions, at least two federal appellate courts have determined that pay during leave is a 'right and benefit' protected by USERRA. Employers providing paid leave for non-military reasons should consult with counsel before denying pay during short-term military leave.... [E]mployees on military leave generally have a right under USERRA to elect to continue employment-based group health plan coverage for themselves and their covered dependents. This is in addition to any continuation rights under COBRA." [Baker v. United Parcel Service Inc., No. 21-0114 (E.D. Wash. Mar. 31, 2022); Haley v. Delta Airlines, Inc., No. 21-1076 (N.D. Ga. Mar. 29, 2022)] MORE >> |
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