On Tuesday, a federal appeals court restored an American Airlines pilot’s case challenging the airline’s failure to reimburse them for short-term military leave.
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The 3rd United States Circuit Court of Appeals in Philadelphia concluded unanimously, 3-0, that a reasonable jury may find short-term military leave equal to jury duty or bereavement leave, for which American Airlines pays.
The court’s decision revives a class action case filed by pilots who took short-term military leave of 16 days or less from January 2013 to October 2021. These leaves averaged 3.3 days, compared to 1.8 days for jury duty and 2.7 days for bereavement leave. Pilots, on the other hand, took short-term military leave more frequently, averaging around 22 days per year, compared to about two days for jury duty and three days for bereavement leave.
Circuit Judge Arianna Freeman remarked that the lengths of these leaves were comparable, and pilots had little or no control over their timing. She said that jurors can see a shared purpose in military and jury duty leave, both of which are based on civic obligation.
The complaint was brought under the Uniformed Services Employment and Reemployment Rights Act of 1994, which requires employees on military leave to receive the same benefits as normal employees.
The plaintiffs, led by James Scanlan, a former major general in the United States Air Force Reserve, and Carla Riner, a brigadier general in the Delaware Air National Guard, claimed that American Airlines’ policies violated this legislation. American Airlines has declined to comment on the ruling.
Jon Taylor, representing the pilots, hailed the ruling, saying it confirmed Congress’ aim that military personnel are not disadvantaged while serving their country. He was optimistic about the approaching trial.
While the appeals court agreed with American Airlines on the pilots’ profit-sharing arrangement, the case was remanded to U.S. District Judge Harvey Bartle III in Philadelphia. In November 2022, Judge Bartle dismissed the claim. The lawsuit began in 2018.
(With inputs from Reuters)