Delta Pilots’ Concurrent-Military-Duty Suit Probed on Appeal (1)

The Eleventh Circuit seemed leery Tuesday of reviving a lawsuit challenging a Delta Air Lines Inc. policy that limited how pilots could use job-protected leave for military service.

Judges William H. Pryor Jr., Robert J. Luck, and Andrew L. Brasher probed counsel for Delta and the pilots on whether the airline also had a separate sick leave policy and whether appellants Adam McLean and James Doyle were investigated for transgressions that fell outside the concurrent-leave policy targeted in their proposed class action.

The case could provide guidance to employers generally on the permissibility of concurrent duty policies ...