United Airlines pilot’s sick leave claim ruled infirm

Employees summoned to military service receive certain job protections under a federal law known as the Uniformed Services Employment and Reemployment Rights Act (USERRA). The law requires employers to provide employees on military leave any seniority-based benefit they would have accrued but for the service. A recent case from the U.S. 7th Circuit Court of Appeals (which covers Illinois) unpacks what is and is not a “seniority-based” benefit.

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Michael Moss worked as a pilot for United Airlines. He also held a commission in the armed services’ reserve component and was called to active duty while working for the airline.

United’s sick leave policy didn’t allow employees summoned for military duty to accrue paid sick time while they were on leave. Moss filed a lawsuit in Illinois federal court claiming the airline violated USERRA by denying sick-time accrual to pilots on military leave. The Act states:

A person who is reemployed . . . is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.