Migliaccio & Rathod LLP is investigating potential violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA) by employers across the United States. The focus of the investigation is on unpaid military leave, where employers fail to provide paid leave to servicemembers while continuing to offer paid time off for comparable absences like vacation, sick days, or personal leave.

Denial of Paid Military Leave May Violate Federal Law

USERRA requires that employers treat military leave as favorably as comparable non-military leave. However, many servicemembers report that:

They were not paid for short-term military leave (typically 14 days or fewer)
Their employers provided paid leave for other types of absences (e.g., jury duty, sick leave, PTO)
They suffered economic harm and discriminatory treatment because of their military service

This pattern may indicate systemic violations of federal employment law and give rise to claims for back pay and legal remedies through class action litigation.

Common Impacts of Unpaid Military Leave Policies

Servicemembers subjected to these unlawful policies may have experienced:

Loss of income while fulfilling military obligations
Out-of-pocket financial burden due to unpaid leave
Disparate treatment compared to colleagues on paid non-military leave
Negative impact on morale and job security

These policies may disproportionately affect National Guard members, reservists, and other military-affiliated employees who serve periodically.

Are You a Servicemember Denied Paid Short-Term Military Leave?

If you are a current or former employee who took short-term military leave (14 days or fewer) since 2004 and did not receive pay, you may be entitled to compensation under USERRA.

To learn more or to determine your eligibility, contact Migliaccio & Rathod LLP:

Complete the contact form on this page
Email us at [email protected]
Call us at (202) 470-3520

All information provided will be kept strictly confidential and used solely to evaluate your potential claim. By submitting your details, you consent to their use for this limited legal purpose.