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American Airlines should face pilots' claim over paid military leave

A federal appeals court on Tuesday revived a lawsuit by American Airlines pilots over the carrier's failure to pay them for shortterm military leave.

In a 3-0 decision, the 3rd U.S. Circuit Court of Appeals in Philadelphia stated a reasonable jury could discover short-term military leave comparable to jury task leave or bereavement leave, for both of which American pays pilots.

The court revived a class action by pilots who took short-term military leave, defined as 16 or fewer days, from January 2013 to October 2021.

Throughout that period, the leaves averaged 3.3 days, while jury task and bereavement leaves balanced 1.8 days and 2.7 days respectively.

But pilots took short-term military leave regularly, averaging about 22 days yearly, compared to about 2 days of jury task leave and three days of bereavement leave.

Without judgment on the benefits, Circuit Judge Arianna Freeman stated the leaves had comparable lengths, and pilots had little or no control over when to take them.

She likewise said jurors could discover that military leave and jury duty leave shared a common function: civic responsibility.

Pilots sued under the Uniformed Providers Work and Reemployment Rights Act of 1994, which gives employees on military leave a right to the same advantages as other workers.

The pilots were led by James Scanlan, a retired significant general in the U.S. Flying Force Reserve, and Carla Riner, a. brigadier general in the Delaware Air National Guard.

American and its attorneys did not right away respond to. requests for remark. An attorney for the pilots had no immediate. remark.

The appeals court concurred with American that the Fort Worth,. Texas-based provider did not breach the pilots' profit-sharing. strategy.

It returned the case to U.S. District Judge Harvey Bartle. III in Philadelphia, who had dismissed it in November 2022. The. lawsuit started in 2018.

The case is Scanlan et al v American Airlines Group Inc, 3rd. U.S. Circuit Court of Appeals, No. 22-3294.

(source: Reuters)