Read this brief background on a lawsuit involving the Uniformed Services Employment and Reemployment Rights Act (USERRA) and decide whether you think the employer won.

The lawsuit involved the city of Mount Vernon, IL. Several city police officers were also members of the National Guard. In the past, the city had allowed the officers to use their vacation, sick or personal leave to attend National Guard training. This allowed the officers to collect their full city salary, plus military pay, for the days they spend in training.

Also, Mt. Vernon allowed the officers to rearrange their schedules when a typical work day conflicted with National Guard obligations. Mt. Vernon would “bump” other employees, allowing National Guard members to arrange their days off so that on National Guard weekends they could receive both city and military pay, without using vacation time.

This often meant National Guard employees were permitted to reschedule themselves so they were off weekends, even if another employee had requested off prior to the rescheduling.

In 2006, Mt. Vernon reversed its policy, and although National Guard members were still given time off, they were required to take it unpaid or use a vacation day.

Shortly after, one of the National Guard members sued the city, claiming its new policy violated the USERRA.

Who do you think won this case?

The decision:

The court ruled in favor of the city.

In its decision, the court said that the USERRA requires employers to offer the same benefits to National Guard (and others active military) members that are offered to other employees — but employers aren’t required to grant special privileges or benefits to members of the military.

Even though Mt. Vernon had given National Guard members preferential treatment in the past, it was allowed to reverse that policy.

Note: Under the USERRA employers must allow members of the military to take time off for National Guard duty and training. But time off was not the issue here. It was whether the employees would have to use sick or vacation days in order to receive their full city salaries, plus military pay.

In addition, members of the military are also entitled reinstatement after their service ends, as well as the benefits and promotions they would’ve received if they’d been on the job.

Source: Crews v. City of Mt. Vernon, et al., U.S. Crt. of Appeals, 7th Cir., S.D. of IL, No. 08-2435, 6/4/09.

Tags: benefits, military, military pay, Mt. Vernon, National Guard, police, Uniformed Services Employment and Reemployment Rights Act, userra