United States Federal Circuit

Postal Service employee was correctly charged military leave for non-workdays on which he was away from his workplace on reserve duty, where the agency's Employee and Labor Relations Manual unambiguously required that non-workdays be charged against military leave. This military leave policy did not violate USERRA by denying reservists any "benefit of employment," because military leave is itself a benefit available only to employees serving in the military.

Appellate Information

• Decided 12/15/2008
• Published 12/15/2008

Judges

• MAYER, Circuit Judge., Before MAYER, SCHALL, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ariel E. Solomon, Tully Rinckey P.L.L.C., of Albany, NY, argued for petitioner.   On the brief was Greg T. Rinckey.


• For Appellees:
  
• Tara J. Kilfoyle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Gregory G. Katsas, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Franklin E. White, Jr., Assistant Director.