Enforcement of Family Medical Leave Act Weakened by Supreme Court
Today, in Coleman v. Court of Appeals of Maryland, the Supreme Court held that state workers cannot sue for money damages for violations of the “self-care” provision of the Family and Medical Leave Act (FMLA). Enacted in 1993, the FMLA allows eligible workers to take up to 12 weeks of job-protected, unpaid leave (1) to care for their own serious health condition, (2) to care for a seriously ill family member, or (3) to bond with a new child.
The Court previously held that Congress validly allowed states to be sued for violations of the “family care” provision of the FMLA, since that provision was based on evidence that family medical leave policies discriminated based on sex. In today’s decision, the Court ruled that Congress lacked the power to abrogate states’ immunity.