Employers may want to evaluate their paid leave policies for workers who serve in the military after the outcomes of two recent court cases.

Two different service members sued their employers when they weren’t paid for absences related to military service, but other employees received paid leave for various reasons.

In each case, a district court ruled in the employer’s favor, but those decisions were overturned by appeals courts.

Both appeals courts cited language in the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) saying that workers in the military were entitled to the same “benefit(s) of employment” that other employees received.

Bottom line: If a company offers workers paid leave for comparable reasons, such as jury duty or illness, it should also offer them paid leave for military service under the law.

It may be smart for your company to add “military service” to the list of acceptable reasons for employees to take paid leave.

If your company has a separate military leave policy, it’s crucial to review the terms and make sure it’s offering comparable benefits to any other paid leave policies. Adjustments may need to be made, especially if there’s a pay differential involved.