Leaves of Absence

The attorneys at Outten & Golden are steadfast supporters of workers' rights to leaves of absence, whether they are for medical reasons, to care for family members with medical issues, for the birth or adoption of a child, or for military service or training. Federal and some local laws protect workers who need to take leave for these reasons, and our attorneys help clients understand and exercise their legal rights, and avoid or fight against employer retaliation for taking leave.

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Related Cases

Savage v. Federal Express Corp.

Status:
Resolved
Updated:

In 2014, Kenneth E. Savage filed a lawsuit alleging that Federal Express Corp. violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by failing to provide him with the required pension credits.

In the district court, Federal Express was granted summary judgment on Savage...

State of Washington and the Washington State Patrol—Approximately $15 million Class Settlement

Status:
Resolved
Updated:

In January 2014, Christina Martin filed a class action lawsuit in Washington Superior Court alleging that the Washington State Patrol (“WSP”) has failed to provide military veterans with a veterans preference that is guaranteed under Washington State law when veterans apply to become WSP troopers...

News

American Airlines Can't Defeat Military Benefits Suit

Law360 - Adam Lidgett

A Pennsylvania federal judge has refused to ground the bulk of a proposed class action accusing American Airlines of violating federal anti-discrimination law by failing to give pilots credit for short stints of military leave when calculating profit-sharing awards.

U.S. District Judge Harvey Bartle III on Tuesday declined to dismiss two counts of pilot James Scanlan’s three-count suit claiming the company violated the Uniformed Services Employment and Reemployment Rights Act.

For one, the judge let stand a USERRA claim that participants in a company profit-sharing plan who took short-term...

United Keeps Fighting Workers' Paid Military Leave Suit

Law360 - Alyssa Aquino

Private sector employers are not obligated to provide paid military leave, United Airlines and its parent company United Continental Holdings argued in their second move to toss proposed class claims over its military leave policy.

The Uniformed Services Employment and Reemployment Act mandates that public employers pay for workers' short-term military leave, but the law is deliberately quiet on the issue of private employers, the airline argued. United is looking again to toss a pilot's amended complaint claiming he was unfairly refused compensation for his short-term military leaves.

The...

Defense Contractor Accused of Slighting Reservists in Hiring

New York Times—Noam Scheiber

In October of 2014, Nathan Kay applied for a job as a pilot at L3 Technologies, a Pentagon contractor that helps conduct surveillance and reconnaissance missions around the world.

Mr. Kay had spent more than 10 years in the Washington Air National Guard, and had flown similar missions in Iraq and Afghanistan. A friend at L3, then known as L-3 Communications, indicated that a chief pilot was interested in his résumé. But when months went by without even a rejection — and after consulting with his friend — Mr. Kay concluded that L3 was discriminating against him because he was an active guard...