A class-action lawsuit brought by military service members against Southwest Airlines has resulted in a landmark settlement that will see the airline provide short-term military leave for workers starting next year.
Southwest has agreed to provide up to 10 days of short-term military leave and to pay $18.5 million in compensation to nearly 2,800 former and current employees who alleged that their rights as service members under the Uniformed Services and Reemployment Rights Act were being violated. The agreement requires court approval.
“This agreement with Southwest Airlines marks a major inflection point in terms of how employers think about paid military leave,” Michael Scimone, a partner at Outten and Golden and co-lead counsel for the class, said in a statement. “We hope it sends a powerful message to the rest of the airline industry that paid short-term military leave is in everyone’s best interest.”
The lead plaintiff, Jayson Huntsman, has been pursuing the case against Southwest since 2019. He stayed in the fight despite difficult moments because of the benefits that a victory would bring for other service members, he told Military Times in an interview.
“What kept me going was knowing that if we succeeded, thousands of my peers would benefit. There were definitely tough moments,” Huntsman said. “The case took years, and at times it was difficult to stay silent while hearing comments about the lawsuit, personal attacks for bringing the case, and remarks about service members in general. I kept my composure because I knew what was at stake. Having support from many of my peers kept my head above water.”
Short-term military leave would benefit Reserve and National Guard members struggling to financially stay afloat while serving, Huntsman said.
“The idea of ‘one weekend a month and two weeks a year’ hasn’t reflected Reserve or Guard time requirements for many years,” he said. “This settlement means service members won’t have to face as much financial stress when called to serve.”
He believes it will pave the way for other airlines to begin providing benefits to meet the needs of military service members.
“It’s the largest USERRA class settlement to date and includes a groundbreaking paid-leave policy,” Huntsman said. “Beyond airlines, I think this case will help civilian employers across the country understand that service members are often required to receive the same benefits as other employees.”
Not many service members realize to what extent USERRA offers them legal protections at work, Huntsman told Military Times. He hopes that, although the agreement is pending finalization from a court, the broader military community will become aware of what resources are available to them and get more familiar with their rights.
“No one should ever feel guilty about serving their country. For those facing challenges at work, there are resources available. Start with your military leadership,” he said. “Personally, I’m proud that this case will make life a little easier for those who come after us.
“This was never about recognition. It was about fairness, respect, and making sure every service member has one less thing to worry about when they put on the uniform.”
Zita Ballinger Fletcher previously served as editor of Military History Quarterly and Vietnam magazines and as the historian of the U.S. Drug Enforcement Administration. She holds an M.A. with distinction in military history.
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