Originally Posted by
rickair7777
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.
When I returned long term Mil leave, I had to contribute the required contributions for each year of Mil leave to trigger company contributions. Hardest part was getting to the correct person to set it up! Law allows 401K contributions (minus any TSP) and requires company to contribute as it normally would. This includes after tax contributions to the IRS limit for that year.