The U.S. appeals court on Tuesday ruled that servicemembers who take military leave must be paid for their time off if their employer offers other forms of short-term paid leave. This was decided unanimously as a “right and benefit” under the USERRA. The 3rd Circuit judge wrote, “Since employers cannot 'provide' military leave, paid or otherwise, to non-military employees, there is no way to deny the benefit in a neutral way.”
See "Court rules that employers must give paid leave to military members", Daniel Wiessner, Reuters, August 11, 2021