Ten- Hut! Courts Requiring Pay Continuation for Military Leaves of Absence

In a groundbreaking decision, the U.S. Court of Appeals for the Seventh Circuit issued a decision in which it became the first federal appellate court to address the issue of pay for employees who take military leave under the Uniformed Services Employment and Reemployment Rights Act, or USERRA. This may require counsel to review employer leave of absence policies to see whether military leave is (and should be) treated on a comparable basis with other employee leaves of absence.

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Related Content

• Leave of Absence Effects on Employee Benefit Plans
  Learn more about how an employee benefit plan must operate to comply with federal and state laws that require or permit employee leaves of absence and other benefit plan administration issues for employees on leave, including military leave under USERRA.
• Uniformed Services Employment and Reemployment Rights Act (USERRA)
  Explore USERRA’s rules to understand the respective rights and obligations of employers and employees, and review USERRA’s anti-discrimination and anti-retaliation provisions.

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