Since at least April 30, 2007, Delta has continued to provide paid leave to employees during leaves of absence such as jury duty leave, sick leave and bereavement leave but has not provided paid leave for employees who take short-term military leave. USERRA protects the rights of servicemembers by requiring employers to treat military leave as no less favorably than other comparable forms of leave with respect to benefits or salaries that employees receive during leaves of absence. The Complaint alleges that by continuing to provide paid leave to employees during periods of jury duty leave, sick leave, bereavement leave and other comparable forms of leave but refusing to provide paid leave to employees on short-term military leave, Delta violated USERRA.

Plaintiffs’ Motion for Class Certification seeks to certify the claim on behalf of the following Class:

All current and former pilots who work or worked for Delta Air Lines, Inc. in the United States or its territories or possessions who took short-term military leave (i.e., a military leave of 30 consecutive days or fewer) from their employment from Delta as a pilot from April 30, 2007 to the date of judgment in this action, as reflected by Delta’s military leave data; and all pilots currently employed by Delta who are also currently members of the uniformed services.

Excluded from the class are the Judge assigned to the case and any of his or her relatives.

The Complaint was filed on March 16, 2021. A Consolidated Complaint was filed on June 25, 2021. The Court denied Defendant’s Motion to Dismiss on March 29, 2022.

Motion for Class Certification was filed on June 12, 2023

Motion for Class Certification - June 12, 2023

Order Denying Defendant’s Motion to Dismiss - March 29, 2022

Consolidated Complaint - June 25, 2021

Complaint - March 16, 2021

Delta Pilot Seeks Class Status For Military Leave Suit, Law360 - June 13, 2023