Supreme Court to Decide Whether State Employees Can Sue Under FMLA

The United States Supreme Court will decide whether state or municipal employees can file suit for a denial or inteference with of the employee’s Family Medical Leave Act (FMLA) rights when seeking leave for the employee’s own serious health condition. See Coleman v. Maryland Court of Appeals. If the Supreme Court rules that the States are not subject to the FMLA, an employee will not be protected from the FMLA. This ruling could impact state and municipal employees in New Jersey because the New Jersey Family Leave Act does not protect leave for an employee’s “own serious health condition” unless it is a birth of a child. We will keep you updated regarding the outcome.

June 28, 2011 – Castronovo & McKinney – Tom McKinney

About the Author

Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.