USERRA Military Leave Pay Requirements Reinforced by Federal Court Ruling

What Changed

The U.S. Court of Appeals for the Eleventh Circuit issued a significant ruling in Myrick v. City of Hoover, Alabama (No. 22-11621, decided June 8, 2023) reinforcing employer obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The court held that employers who provide voluntary paid leave — such as paid administrative leave, jury duty leave, or bereavement leave — that is comparable in purpose, flexibility, and duration to military leave must extend the same paid benefits to employees on military leave.

The ruling joins similar decisions from the Third, Seventh, and Ninth Circuits, creating a strong multi-circuit consensus that USERRA's anti-discrimination provisions require paid military leave when comparable paid leave programs exist.

Who Is Affected

All employers — public and private — who employ members of the military reserves, National Guard, or other uniformed services. This is particularly relevant for employers who offer various forms of paid leave (administrative leave, personal leave, jury duty, bereavement, etc.) but convert military leave to unpaid status after a set number of days. The ruling applies regardless of employer size.

Where It Applies

This is a federal ruling under USERRA, which applies nationwide to all U.S. employers. While the Eleventh Circuit covers Alabama, Georgia, and Florida, the decision is consistent with rulings in the Third Circuit (Delaware, New Jersey, Pennsylvania), Seventh Circuit (Illinois, Indiana, Wisconsin), and Ninth Circuit (Western states). Employers across the country should treat this as the prevailing legal standard.

When It Takes Effect

The Eleventh Circuit decision was issued June 8, 2023, and applies immediately. Employers should review their leave policies now to ensure compliance.

Why It Matters

USERRA requires that employees on military leave receive "the most favorable treatment accorded to any comparable form of leave." The court in Myrick found that the City of Hoover discriminated against military service members by providing paid administrative leave but forcing military leave to go unpaid after the initial allotment was exhausted. With four federal circuits now aligned on this interpretation, employers face significant legal exposure if their leave policies treat military leave less favorably than other comparable leave types.

Penalties under USERRA can include back pay, lost benefits, liquidated damages (double damages for willful violations), and attorneys' fees. The Department of Labor and the Department of Justice can also bring enforcement actions.

The Humareso Take

This one catches more employers off guard than you might expect. Many organizations offer generous paid leave for things like jury duty, bereavement, or administrative purposes, but cap military leave at the bare minimum before switching to unpaid status. The courts are now making clear — across multiple circuits — that this creates a USERRA problem. If you offer paid leave for other comparable absences, you need to extend the same treatment to military leave. We recommend a full leave policy audit, especially if you have employees who serve in the reserves or National Guard.

Recommended Action Steps

Audit all paid leave policies to identify any forms of paid leave (administrative, jury duty, bereavement, personal) that could be considered comparable to military leave in purpose, duration, and flexibility.
Update your military leave policy to ensure service members receive pay and benefits at least equal to the most favorable comparable leave type offered.
Review past military leave cases within your organization to determine whether any employees were placed on unpaid status while comparable paid leave existed — and assess potential back-pay exposure.
Train HR staff and managers on USERRA's anti-discrimination requirements and the implications of the Myrick ruling.
Revise your employee handbook to clearly state that military leave will be treated no less favorably than comparable forms of leave.
Contact your Humareso representative for a leave policy compliance review tailored to your organization.