Jury to decide if federal law protects airline pilot on short-term military leave

A commercial airline pilot and military reservist claimed his employers failed to abide by the rules for military leave. He alleged that because Alaska Airlines provide paid leave for nonmilitary leaves including jury duty, bereavement, and sick leave, it was also required to pay pilots during short-term military leaves.

Background

The Department of Labor’s (DOL) regulations explain that the “non-seniority rights and benefits to which an employee is entitled during a period of service are those that the employer provides to similarly situated employees by an employment contract, agreement, policy, practice, or plan in effect at the employee’s workplace.” The regulations then state that if the benefits vary according to the type of leave, the employee must be given “the most favorable treatment accorded to any comparable form of leave when he or she performs service in the uniformed services.” The regulations also explain how to determine if types of leave are comparable:

To determine whether any two types of leave are comparable, the duration of the leave may be the most significant factor to compare. For instance, a two-day funeral leave will not be “comparable” to an extended leave for service in the uniformed service. In addition to comparing the duration of the absences, other factors such as the purpose of the leave and the ability of the employee to choose when to take the leave should also be considered.

Casey Clarkson challenged Alaska Airlines’ compliance with this regulation.