Cape Air USERRA Lawsuit Investigation: Unpaid Leave and PTO Complaints

Attorneys working with ClassAction.org are looking into whether a class action lawsuit can be filed against Cape Air alleging the airline violated federal law by failing to pay employees for military leave.

Specifically, they’re looking into potential violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA), which states that employees who take military leave must be provided with the same benefits and rights as employees who take similar types of leave.

The attorneys believe that because Cape Air pays employees for sick leave, bereavement leave and jury duty, the airline may be required under the USERRA to pay employees for short-term military leave.

What Is the USERRA?

The USERRA states that during a period of service, including military training, active duty and any other voluntary or involuntary service, an employee is deemed to be on furlough or a leave of absence from their civilian employer, and they are entitled to the same non-seniority benefits provided to similarly situated employees who are on a comparable type of furlough or leave. These benefits may include paid leave, PTO accrual, vacation accrual, eligibility for FMLA leave and other rights.

Importantly, an employer cannot require the employee to use vacation time for USERRA leave, and the use of sick leave for a period of service is generally not allowed unless the employer allows employees to use sick leave for any purpose or during comparable types of leave.

When determining what types of leave are comparable to USERRA leave, employers may consider factors such as the duration of the leave, the purpose of the leave, and the employee’s ability to choose when to take leave.

If an employee believes they have been denied USERRA benefits or leave rights, or that their employer has otherwise failed its USERRA obligations, they may file a complaint with the Department of Labor, Veterans Employment & Training Service (DOL-VETS) and open a USERRA investigation. Employees also have the option of filing a USERRA lawsuit.

In Cape Air’s case, the attorneys working with ClassAction.org are investigating whether a lawsuit can be filed on behalf of employees who were not provided with paid USERRA military leave. They believe the airline may have violated the USERRA by providing unpaid leave for military service yet providing paid leave for sickness, bereavement or jury duty, which are similar in duration to short-term military leave.

USERRA Lawsuits Over Unpaid Leave, PTO Complaints

In August 2024, Alaska Airlines and Horizon Air reached a $4.75 million settlement to resolve a lawsuit alleging USERRA violations. The case claimed the airlines unlawfully failed to pay pilots for short-term military leave despite paying employees for sick leave, bereavement leave and other similar types of leave. According to the USERRA lawsuit, Alaska Airlines and Horizon Air ran afoul of the law’s requirement to treat service members “no less favorably” than workers who take comparable types of leave.

Similarly, Delta was hit with two proposed class action lawsuits claiming the airline discriminated against service members by failing to provide wages to employees on short-term military leave lasting fewer than 30 days. According to the cases, Delta employees on military leave should have been entitled to the same benefits as employees on other types of short-term leave, such as jury duty, sick leave or bereavement leave, for which workers received pay.

How Could a Cape Air USERRA Lawsuit Help?

If filed and successful, a lawsuit could help provide back pay for service members who took unpaid USERRA military leave while working for Cape Air. It could also force the airline to change its policies for employees who take military leave.

What You Can Do

After you get in touch, an attorney or legal representative may reach out to you directly to ask you some questions and tell you more about what’s involved with filing a USERRA lawsuit. It doesn’t cost anything to fill out the form or speak with someone, and you’re not obligated to take legal action if you decide you don’t want to.

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