The Seventh Circuit Fires a Warning Shot: “Rights and Benefits” Includes Paid Military Leave When Employers Offer Pay for “Comparable Absences”

As a matter of first impression in the federal appellate courts, a three-judge Seventh Circuit panel broadly interpreted the Uniformed Services Employment and Reemployment Act (“USERRA”), to require private employers under some circumstances to provide paid leave to employees absent from work due to military service. White held that an employer’s failure to provide paid military leave, while on the other hand offering paid leave for other comparable leaves of absence, impermissibly violates USERRA’s equal-treatment rule for reservists and National Guardsmen. The net effect of this holding is clear: service members and employers must understand the Seventh Circuit’s reasoning and its future impact on employment policies and practices.