Migliaccio & Rathod LLP is investigating whether HCA Healthcare failed to properly compensate employees for short-term military leave, including National Guard and military Reserve training, while providing paid leave for comparable civilian absences.
HCA Healthcare employs nurses, technicians, administrative staff, and other healthcare professionals across its hospitals and affiliated facilities. Some of these employees serve in the National Guard or military Reserves and must periodically miss scheduled shifts for required military training.
Under HCA Healthcare’s July 1, 2025 Leaves of Absence Policy, certain employees called to active military duty may qualify for supplemental pay to help offset the difference between their regular wages and military compensation.
However, the policy excludes routine annual National Guard and Reserve training from this supplemental-pay benefit.
As a result, employees who miss scheduled shifts for required military training may lose wages even though other forms of leave may be paid under applicable company policies.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) generally requires employers to provide employees taking military leave with the same rights and benefits available during comparable nonmilitary absences.
Migliaccio & Rathod is investigating whether HCA Healthcare employees were improperly denied compensation for short-term military leave when comparable civilian absences were paid.
Employees May Have Experienced:
- Unpaid leave for National Guard drills or Reserve training;
- Lost wages during required annual military training;
- Denial of supplemental military pay for routine training obligations;
- Having to use vacation or PTO to avoid losing income; or
- Military leave being treated less favorably than comparable paid civilian leave.
Potential Claims May Include:
- Violations of USERRA;
- Failure to provide comparable paid military leave benefits;
- Improper denial of military leave compensation; or
- Recovery of wages and benefits allegedly owed.
Signs You May Be Affected:
- You currently work or previously worked for HCA Healthcare or an affiliated hospital;
- You served in the National Guard or military Reserves;
- You missed scheduled shifts for drills, annual training, or other short-term military service;
- You received no regular wages or supplemental compensation during those absences;
- You used vacation or PTO to avoid losing income; or
- Your employer provided paid leave for comparable civilian absences.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.