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Yesterday, a federal appellate court issued a precedential opinion clarifying when employers must pay employees and provide certain benefits while they take short-term military leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).
USERRA is a federal law that protects servicemembers’ and veterans’ civilian employment rights. In many situations, USERRA guarantees reemployment rights for employees who leave to perform service in the uniformed service.
But isn’t the leave itself unpaid?
Not necessarily. USERRA entitles employees who take military leave “to such other rights and benefits . . . as are generally provided by the employer