On May 21, 2024, the U.S. Court of Appeals for the 3rd Circuit held that short-term military leave may be comparable to jury duty leave and bereavement leave and therefore may be subject to payment if the employer compensates jury duty and bereavement leave. The 3rd Circuit has jurisdiction over Delaware, New Jersey and Pennsylvania.
The opinion was issued in Scanlan v. American Airlines, Inc., reversing a lower court’s summary judgment ruling in favor of the airline and reinstating and remanding the plaintiff pilots’ class action suit for further proceedings. The plaintiffs claim their employer, American Airlines, violated The Uniformed Services Employee and Reemployment Rights Act (USERRA) by denying paid leave for short-term military absences (of no more than 16 days) from Jan. 1, 2013, through Oct. 31, 2021.
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