Preventive Law for Employers
Federal Employment Law, FMLA

FMLA Update–Supreme Court Report

In Coleman v. Ct. of Appeals,, (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.

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Ann Kiernan is an employment lawyer who has been practicing law in New Jersey for more than 30 years. She represents only employers and management and regularly provides management training companies big and small. Employment law is constantly changing, and Ann is familiar how these changes affect employers. To keep up-to-date and learn what issues are currently affecting businesses and employers in New Jersey, read the blog.

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Ann may be reached via telephone at 732-846-3201 and email.

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