US military activity has expanded overseas and at home, and employers should bear in mind that the amendments to the federal law protecting employees who take military leave offer broadened employee protections.
Claims that short-term military leave is fundamentally different from paid civilian absences like jury duty or bereavement may face increasing skepticism after the 2025 changes to the Uniformed Services Employment and Reemployment Rights Act.
Plaintiffs now have new advantages when challenging short-term military leave policies. Yet even before these changes, some courts had begun interpreting USERRA as treating short-term military service and paid civilian leave on equal footing, ...