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Southwest Airlines settles $18.5 million lawsuit over military leave benefits

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Southwest Airlines settles $18.5 million lawsuit over military leave benefits
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Southwest Airlines has agreed to pay $18.5 million to settle a federal lawsuit brought by employees who alleged the company failed to provide adequate military leave benefits. The settlement, reached on September 25, will be distributed among 2,791 current and former employees who were called to military service and claimed they received less favorable treatment compared to civilian peers.

The lawsuit, originally filed in 2019 in the Northern District of California, accused Southwest of violating the Uniformed Services Employment and Reemployment Rights Act (USERRA). Plaintiffs said that while the airline compensated employees for other types of short-term leave—such as illness, bereavement, or jury duty—it did not do so for military leave periods of 14 days or fewer.

A class-action status was granted in 2021. An initial settlement agreement covering pilots was reached in February 2025; this latest agreement extends coverage to non-pilot employees. Under its terms, eligible claimants will receive an estimated $4,421 each after legal fees are deducted from the fund. In addition to financial compensation, Southwest will provide up to ten days of paid short-term military leave annually from 2026 through 2030.

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"Military leave is not comparable to other forms of leave," stated company management. While Southwest admitted no wrongdoing as part of the settlement, it indicated that settling was preferable to incurring further litigation costs.

Federal law requires employers to restore returning service members to their jobs with no loss of seniority or benefits. This case highlights the importance for airlines—and all large employers—to maintain processes that comply with USERRA obligations and avoid potential legal exposure.

Other major U.S. airlines have also faced lawsuits over military leave practices in recent years. American Airlines and Delta Air Lines have been named in similar cases; Alaska Airlines settled a related suit while United Airlines had its case dismissed.

Industry observers note that ensuring compliance with federal law is especially challenging for airlines due to factors like crew scheduling and rank progression systems tied closely to seniority and time served. The resolution at Southwest may prompt other carriers to review their own policies regarding military leave.

"Doing right by service members is not just a legal necessity, but a workforce and reputational imperative," said an industry observer.

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