On May 21, 2024, in Scanlan, et al. v. American Airlines, the US Court of Appeals for the Eleventh Circuit ruled that employees are entitled to paid military service leave where their employer provides paid leave for bereavement and jury duty leave if the leaves are comparable in duration, frequency, purpose, and control.
The plaintiffs in this case, a group of American Airlines pilots, sued their employer under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) for failing to provide them paid leave for short-term military service despite providing paid leave for bereavement and jury duty. USERRA entitles employees to the same compensation for military leave as for other comparable forms of leave. In order to determine whether different types of leaves are comparable, the duration of the leave is the most significant factor, along with the purpose of the leave and the employee’s ability to control when to take the leave.
After examining the American Airlines pilots’ use of military leave versus bereavement and jury duty leave, the appeals court found that a reasonable jury could conclude the leaves were comparable. Specifically, in this case, the average duration of a single instance of each type of leave was between 1.8 and 3.3 days. While the frequency of short-term military leave was higher than bereavement or jury duty leave (on average, the pilots took short-term military leave seven times, bereavement leave 1.2 times, and jury duty leave 1.3 times annually but most commonly used each type of leave once per year), the appeals court noted that frequency was just one factor to consider in assessing comparability of leaves under USERRA. As to the other factors – purpose and control – the court decided a reasonable jury could also find them to be comparable. That is, the shared purpose of military and jury duty leave is to satisfy a civic duty, and most pilots who take military leave lack the ability to control their schedules.
Employers should regularly review their leave policies and procedures to ensure compliance with USERRA's rules. When conflicts in USERRA interpretation arise, courts generally interpret USERRA's employee benefit protections in favor of military leave.
Scanlan, et al. v. American Airlines »
PPI Benefit Solutions does not provide legal or tax advice. Compliance, regulatory and related content is for general informational purposes and is not guaranteed to be accurate or complete. You should consult an attorney or tax professional regarding the application or potential implications of laws, regulations or policies to your specific circumstances.
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