A federal appeals court rejected a lower court hearing on Tuesday, ruling that a Federal Express Corp. worker have the right to be paid for their military reserve leave.
Gerard Travers, who served in the U.S. Navy and Navy Reserve, works for FedEx and completed his reserve duties while on leave, according to the judgment of the 3rd U.S. Circuit Court of Appeals in Philadelphia Gerard Travers v. Federal Express Corp. .
Mr. Travers did not receive compensation from FedEx for these absences because the company does not pay employees for military leave, but it does pay workers who are out of work for other reasons, such as the jury, illness and death, according to the ruling.
Mr. Travers sued the U.S. District Court in Philadelphia under the Uniformed Services Employment and Reemployment Rights Act of 1
After a thorough analysis of USERRA's language, a three-judge appeals board concluded that Travers had made a statement in what it called "a charter with a long history of protecting jobs and accompanying benefits in America called for our common defense."
"As is best understood, USERRA does not allow employers to treat service members differently by paying employees for certain types of leave while excluding military service," the ruling said in a case to return the case to the lower court. three judges at the 7th U.S. Circuit Court of Appeals in Chicago a lower court decision in Eric White v. United Airlines Inc. and refused to dismiss a case filed by a pilot who is a reservist and sued the airline for payment
Jonathan E. Taylor, a principal at the Gupta Wessler PLLC in Washington, who represented Mr. Travers in the third case. et, said in a statement, "This is a great benefit to those who serve our country with honor and only ask that they be treated equally by their employers.
"The Third Circle today joined the Seventh Circle to declare that federal law requires full equality between civil servants and other employees when taking leave. Six appellate judges have now considered employers' arguments on this issue, and all six have strongly
FedEx lawyers did not respond to a request for comment.  In July, a federal appeals court reversed a lower court decision and ruled in favor of a railroad in disputes filed by a former employee who had accused it of violating USERRA when he returned to work from a deployment.