Under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), employers must provide employees who take military leave with the same non-seniority rights and benefits as their colleagues who take comparable non-military leaves. See 38 U.S.C. § 4316(b)(1); 20 C.F.R. § 1002.150(a).  Whether short term military leave is comparable to nonmilitary leave is a jury question dependent upon three factors: the duration of the leave must be considered, as well as the purpose of the leave and the ability of the employee to choose when to take the leave.