FMLA Update–Supreme Court Report

In Coleman v. Ct. of Appeals, http://www.law.cornell.edu/supremecourt/text/10-1016#writing-ZS, (3/20/12)   the US Supreme Court ruled 5-4 that state employees cannot sue for money damages if their FMLA right to medical leave (for their own serious health condition) is violated.   The Court’s decision was based on the states’ Eleventh Amendment immunity to suits for damages.  It appears from the Court’s decision, however, that state employers still have to provide  FMLA medical leave, and that state workers can sue for an injunction or ask the federal Department of Labor to bring a claim for damages on their behalf if that leave is denied or interfered with.   State employees’ right to take family leave under the FMLA–and receive money damages for violations– is unaffected by this ruling.