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UPS Is Latest Employer Forced to Face Paid Military Leave Claims
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<blockquote data-quote="cheryl" data-source="post: 5222124" data-attributes="member: 1"><p><h3><a href="https://news.bloomberglaw.com/daily-labor-report/ups-is-latest-employer-forced-to-face-paid-military-leave-claims" target="_blank">UPS Is Latest Employer Forced to Face Paid Military Leave Claims - Bloomberg Law</a></h3><p>An Army reservist accusing UPS Inc. of improperly denying paid leave for employees who serve in the military advanced his lawsuit under the federal law giving job protection rights to servicemembers, according to a Washington federal court ruling.</p><p></p><p>Pay during an absence from work is a “right and benefit” protected by the “broad” statutory language of the Uniformed Services Employment and Reemployment Rights Act, Judge Salvador Mendoza Jr. of the U.S. District Court for the Eastern District of Washington said Thursday.</p><p></p><p>And deciding whether short-term military leave is comparable to the other types of leave UPS gives its workers requires a “fact-based determination” that can’t be done at the motion to dismiss stage, Mendoza said, declining to dismiss the proposed class action.</p></blockquote><p></p>
[QUOTE="cheryl, post: 5222124, member: 1"] [HEADING=2][URL='https://news.bloomberglaw.com/daily-labor-report/ups-is-latest-employer-forced-to-face-paid-military-leave-claims']UPS Is Latest Employer Forced to Face Paid Military Leave Claims - Bloomberg Law[/URL][/HEADING] An Army reservist accusing UPS Inc. of improperly denying paid leave for employees who serve in the military advanced his lawsuit under the federal law giving job protection rights to servicemembers, according to a Washington federal court ruling. Pay during an absence from work is a “right and benefit” protected by the “broad” statutory language of the Uniformed Services Employment and Reemployment Rights Act, Judge Salvador Mendoza Jr. of the U.S. District Court for the Eastern District of Washington said Thursday. And deciding whether short-term military leave is comparable to the other types of leave UPS gives its workers requires a “fact-based determination” that can’t be done at the motion to dismiss stage, Mendoza said, declining to dismiss the proposed class action. [/QUOTE]
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