National Guard Pilot Sues United Airlines Over Denied Leave For Pregnant Wife


Nathan Rogers has filed a lawsuit against Star Alliance carrier United Airlines, claiming that the airline violated his employment rights when he was in military service and not allowing the time to accumulate against employment time with the airline. The lawsuit, which has been filed in Illinois, cites violations of the Uniformed Services Employment and Reemployment Rights Act.

The claim alleges these violations hindered the officer from using protected leave to support his pregnant wife and child.. The claim is based on the absence of protection during military service and the Family and Medical Leave Act, which would allow the officer to take leave to care for family members.

First Officer Rogers Files Lawsuit Against United Airlines

United Airlines MAX 8 at Costa Rica Credit: Shutterstock

According to the claim, which has been republished by Stars and Stripes, Rogers has served in the US Army for over a decade, and in January 2022, he also began working as a technician with United. During 2023, Rogers was selected for helicopter pilot training with the US Army, which required active-duty deployments away from home for extended periods.

Returning to the civilian role in late 2024, Rogers appears to have been denied the two-week USERRA window that had supported him at the end of his military service, and instead, United requested that he return to work immediately. This upset Rogers, as he expected to use the 14-day window to support his wife, who had been facing pregnancy complications.

When he asked to use the Family and Medical Leave Act to support his wife and care for their two-year-old child, his leave request was denied. The claim also suggests that Rogers lost seniority for specific jobs and had overtime opportunitiesstripped. He explained how he felt in a statement obtained by Stars and Stripes.

“I served my country and came home expecting the laws that protect service members to be honored. Instead, I felt like I had to fight for the basic protections that were supposed to allow me to return to work, support my family and bond with my newborn son. No service member should have to choose between answering the call to serve and being there for their wife and children.”

Similar Challenges Faced by Rogers In 2025

United Airlines Boeing 737 Credit: Shutterstock

In April 2025, Rogers sought additional leave as his family prepared for the arrival of another child. With the impending arrival of his second son, he requested family leave again and was advised that he did not qualify, as the Family Leave Act requires that an employee be employed for more than a year and have completed more than 1,250 hours of work.

It is outlined under USERRA that all military leave should count toward time in employment, which, as a result, should have meant that Rogers would be able to use the Family and Medical Leave Act. This should also have protected the seniority Rogers had earned and afforded him the ability to advance in his role, and his military service should not have interrupted his employment.

“Federal law is clear: employers cannot penalize employees for fulfilling their military obligations. Nathan Rogers answered the call to serve his country, and when he returned, he faced reduced career opportunities and was denied the protections that exist specifically to support service members and their families,” Law firm Tully Rinckey and counsel for Rogers explained. “This case seeks not only to make our client whole but to ensure accountability and compliance with the law.”

United is reportedly not willing to comment while the matter is pending litigation.

Compensation For Lost Wages & Benefits, And Restoration Of Rights Sought

United Airlines A321neo San Francisco Credit: Wikimedia Commons

While the court date has not yet been scheduled, Rogers is seeking compensation for lost wages and benefits, as well as the restoration of employment rights, retirement contributions, and other damages. It is hoped that the claim will provide compliance with federal protections for military service members and provide equitable relief.

United is the largest carrier in the United States by fleet size. The airline has in excess of 1,000 active aircraft and the strongest international presence across the Atlantic and the Pacific. The airline is based in Chicago, with hubs across the nation and internationally.

Airport

IATA Code

Chicago O’Hare International Airport

ORD

Denver International Airport

DEN

Antonio B. Won Pat International Airport

GUM

George Bush Intercontinental Airport

IAH

Los Angeles International Airport

LAX

Newark Liberty International Airport

EWR

San Francisco International Airport

SFO

Washington Dulles International Airport

IAD

For Rogers, he is hoping that this claim reminds United that they must adjust their policy to ensure the airline provides equal pay and benefits for workers on military leave.



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