The Third Circuit reversed an order from the District Court dismissing the plaintiff’s lawsuit claiming that his employer must pay him for his time as a reservist on short-term military leave. The plaintiff sued under the Uniformed Services Employment and Reemployment Rights Act of 1994. The Third Circuit focused on two of USERRA’s provisions: Section 4316(b)(1), which entitles employees taking military leave to the “other rights and benefits” their employers give to employees taking similar kinds of leave; and Section 4303(2), which defines those “other rights and benefits.” The Court reversed because the employer paid employees for other types of leave (such as jury duty) but not military leave.
