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Seventh Circuit: Military Leave Statute Might Mandate Paid Leave

Wednesday, February 24, 2021 Employers particularly those in Illinois, Indiana and Wisconsin should revisit their military leave policies in light of the Seventh Circuit’s holding in  White v. United Airlines Inc., No. 19-2546 (Feb. 3, 2021), that failure to provide paid military leave, while simultaneously offering paid time off for other absences such as for jury duty or sick leave, might violate the Uniformed Services Employee and Reemployment Rights Act (USERRA).  Judge Diane Wood wrote the opinion, which addressed this issue of first impression; she was joined by Judges Michael Brennan and Michael Scudder. On February 17, 2021, United Airlines filed a petition for rehearing en banc on the ground that the panel’s ruling was a “sudden and dramatic change in USERRA’s interpretation” since “virtually nobody thought the statute imposed a paid military leave requirement in any circumstances.”

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