"What Employers Should Know About Paid Military Leave Trend"


Milwaukee-based Partner Robert Duffy and associate Brenna Wildt offered perspective about the decision by the U.S Court of Appeals for the Seventh Circuit regarding paid military leave in a Law360 article, “What Employers Should Know About Paid Military Leave Trend.”

An excerpt from the article,

These cases, which demonstrate a growing acceptance of claims for paid military leave if the employer provides for paid leave in other circumstances, underscore the need for employers to review their military leave and paid leave policies and determine whether to update them as necessary to comply with applicable law.

Interpreting that provision in White, the Seventh Circuit determined that an employer must provide pay during an employee's military leave if it provides pay during other comparable employee absences.

We recognize employers are stressed dealing with the panoply of employment issues that have arisen out of the pandemic. Nonetheless, given the growth in claims for paid military leave, another issue that deserves employers' attention is to determine whether their employees may be eligible for paid leave or benefits during military leave.

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