Our servicemembers make incredible sacrifices to protect our country, and federal law ensures they shouldn’t have to sacrifice their civilian livelihoods to do so. Crosner Legal’s Illinois office is championing the rights of National Guard members and Reservists in a class action lawsuit against a large, multi-state healthcare provider.
The Allegations: The lawsuit alleges that the healthcare employer violates the Uniformed Services Employment and Reemployment Rights Act (USERRA) through a systematic policy of denying paid leave to employees fulfilling short-term military obligations.
The employer allegedly maintains a policy explicitly stating that military leave is granted “without pay. Meanwhile, the same employer provides paid leave to civilian employees for comparable absences, such as sick time, bereavement, and jury duty.
USERRA contains a clear equality principle: employers must provide servicemembers on military leave with the same “rights and benefits” that are generally provided to employees taking comparable forms of civilian leave. Recent federal appellate rulings confirm that paid leave constitutes a protected benefit under this law.
By allegedly denying paid leave for military service while offering it for illnesses or bereavement, the employer is unlawfully penalizing employees for their service to our country. We are seeking to recover all unpaid wages owed to these servicemembers, plus liquidated damages for the employer’s knowing failure to comply with federal law.