High Court Takes Up States' FMLA Self-Care Immunity

Law360, New York (June 27, 2011, 3:54 PM EDT) -- The U.S. Supreme Court agreed on Monday to consider whether Congress intended to allow lawsuits for monetary damages by state employees under the self-care provision of the Family and Medical Leave Act.

The high court granted a petition for writ of certiorari lodged by former Maryland Court of Appeals employee Daniel Coleman, who sued under the provision alleging that he was fired after requesting sick leave for a documented medical condition.

Coleman's petition challenged the Fourth Circuit's finding that the FMLA's self-care provision, which allows employees...
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