Migliaccio & Rathod LLP is investigating whether Publix Super Markets failed to pay employees for short-term military leave while providing paid leave for comparable civilian absences.
Publix’s March 2024 employee handbook states that employees may take time off for military service without pay. Employees who serve in the National Guard or military Reserves may therefore lose wages when they miss scheduled shifts for military drills, annual training, or other required service.
Although eligible employees may use accumulated paid time off during military leave, doing so can reduce the vacation or personal time they have available for other purposes.
At the same time, Publix provides paid leave for certain civilian obligations. Its published policies provide eligible full-time hourly employees with regular wages during qualifying jury-duty absences, and eligible employees may also receive paid bereavement leave.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) generally requires employers to provide employees taking military leave with the same benefits available during comparable nonmilitary absences.
Migliaccio & Rathod is investigating whether Publix employees were denied compensation for short-term military leave despite receiving less favorable treatment than employees taking comparable paid civilian leave.
Employees May Have Experienced:
- Unpaid leave for National Guard drills or Reserve training;
- Lost wages during annual military training;
- Having to use accumulated PTO to receive pay during military leave;
- Reduced paychecks because of required military obligations; or
- Military leave being treated differently from paid jury-duty or bereavement 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 Publix;
- You served in the National Guard or military Reserves;
- You missed scheduled shifts for drills, annual training, or other short-term military service;
- You were not paid your regular wages during those absences;
- You used vacation or PTO to avoid losing income; or
- Your employer provided paid jury-duty or bereavement leave while treating your military leave as unpaid.
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.