Originally Posted by
sailingfun
I wonder how the law applies if the employer only has a 401k match not a direct contribution? Piedmont a AA owned airline believes they have no obligation in that situation.
Not clear, court would have to decide.
Actually, these sorts of lawsuits are typically based on the "me too" provisions of USERRA which specifies that employees on mil leave shall be afforded all of the benefits offered to ANY other employees on leave. So it would probably come down to that. Example, employers who virtue signal wokeness by offering paid pregnancy leave for women then find themselves having to provide full pay to those on mil leave as well.