Supreme Court of the United States

William “sky” King v. St. Vincent’s Hospital

December 16, 1991502 U.S. 215

Summary

Justice Souter delivered the opinion of the Court, holding that 38 U. S. C. § 2024(d) imposes no implicit durational limit on military leave qualifying for civilian reemployment protection. The Court rejected a reasonableness limit on King's three-year National Guard assignment because the provision contains no such condition, while neighboring provisions expressly impose durational limits. It reversed the Eleventh Circuit's judgment and remanded. There were no separate opinions; Justice Thomas did not participate.

Holding

  • Whether § 2024(d) contains an implicit durational or reasonableness limit on protected military leave.. Section 2024(d) does not implicitly limit the length of military service after which a covered employee retains civilian reemployment rights; King's three-year tour cannot be excluded on that basis.

Docket 90-889

Cited authorities

Cited by