Hey, Compliance Warriors and Bosses!
In the ever-evolving world of human resources, staying up-to-date with legal changes is crucial. A recent court decision has brought military leave policies back into the spotlight, and it’s time for HR professionals to take notice.
On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit made a game-changing decision in the case of Synoracki v. Alaska Airlines, Inc. This ruling has breathed new life into a class action lawsuit under the Uniformed Services Employment and Reemployment Rights Act (USERRA). But what does this mean for you and your company?
Let’s break it down:
The case revolves around pilots who served in the Air Force Reserves. These pilots believe they should have been able to accrue sick leave and vacation time during their military leave, just like their colleagues who were on sick leave or jury duty.
This decision is part of a growing trend. Courts are increasingly asking: Should employers provide paid short-term military leave if they offer paid leave for similar non-military absences?
USERRA is all about protecting those who serve our country. It prohibits discrimination against employees due to their military status and ensures their right to return to their civilian jobs. But here’s the kicker – USERRA also requires employers to treat military leave no less favorably than other comparable forms of leave.
So, what’s “comparable”? The U.S. Department of Labor suggests looking at factors like the duration and purpose of the leave, and whether employees can choose when to take it.
This isn’t just happening in one part of the country. Courts across the nation are siding with employees in these cases. The Ninth, Seventh, Third, and Eleventh Circuits have all ruled that if employers pay for some types of short-term leave, they should do the same for military service.
What does this mean for HR professionals?
- Review your policies: It’s time to take a close look at your military leave policies. Are they up to date with these recent rulings?
- Consider revisions: If your company offers paid leave for things like sick days, jury duty, or bereavement, but not for military service, you might want to rethink that approach.
- Stay informed: This area of law is changing rapidly. Keep an eye on future court decisions and be ready to adapt.
- Be proactive: Don’t wait for a lawsuit. Addressing these issues now can save headaches (and potentially significant costs) down the road.
- Remember the bigger picture: USERRA doesn’t have a statute of limitations, which means claims could potentially reach far back in time.
- While navigating these changes might seem daunting, it’s an opportunity to show support for employees who serve our country. By staying informed and proactive, HR professionals can ensure their companies are not only compliant but also demonstrating their commitment to all employees, including those who wear the uniform.
Remember, in the world of HR, knowledge is power. Stay informed, stay proactive, and most importantly, stay supportive of all your employees.
Be Audit-Secure!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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