Blogging Employee Benefits

August 25, 2006

States Immune from FMLA Self-Care Claims

Filed under: FMLA, Litigation — Fuguerre @ 3:07 pm

States are immune from claims brought under the self-care leave provision of the Family and Medical Leave Act, according to a 7th Circuit ruling reversing a district court decision. [Toeller v. Wisconsin Department of Corrections, 05-4064] Although the U.S. Supreme Court’s 2003 Hibbs decision had found that FMLA’s family-care provisions validly abrogated state immunity, the 7th joined 6th and 10th Circuit conclusions that FMLA’s self-care provisions are to be evaluated separately, versus reading Hibbs as applicable to FMLA in its entirety. Finding no justification that FMLA’s self-care provision trumps state immunity “pursuant to a valid grant of constitutional authority,” the 7th remands the case for dismissal.

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