Yesterday, the U.S. Supreme Court in Coleman
v. Court of Appeals of Md. [an enhanced version of this opinion is available to lexis.com subscribers] held that state employees have no cause of
action under the self-care provision (last bullet point in the hyperlink) of
the Family and Medical
Leave Act. In plain English, if you work for a State employer, and you need
time off work for a serious health condition that leaves you unable to perform
the essential functions of your job, the FMLA does not require that your
employer give you any time off.
Yesterday's SCOTUS opinion does not affect the FMLA
rights of two classes of eligible
Also, the Court reaffirmed that states (and the other
employers listed above) may still face FMLA liability for violating the family-care
provisions of the FMLA (first three bullets in the hyperlink). The Court
also did not discuss the right to take leave under the Americans with Disabilities Act
or various state leave laws.
This article was originally published on Eric B. Meyer's blog, The Employer
For more information about LexisNexis
products and solutions connect with us through our corporate site.