State Worker Damages Denied in Medical-Leave Lawsuits
State worker damages denied in medical-leave lawsuits.
SUNNYVALE, CA, June 01, 2012 /24-7PressRelease/ -- Workers across the United States and in Utah have become accustomed to the availability of guaranteed medical leave under federal law to care for themselves or close family members when serious illness strikes. The Family and Medical Leave Act, known as the FMLA applies to most U.S. employers.
On March 20, the U.S. Supreme Court issued an important plurality opinion in a case affecting potentially millions of state employees and their rights under the federal FMLA.
In Coleman v. Court of Appeals of Maryland, an employee of the state court system alleged that he was terminated from his job when he requested a short medical leave for high blood pressure and diabetes. The employee sued the state for money damages.
In summary, the court held that if a state-government employee is wrongly denied leave to care for him- or herself during a serious health problem - or fired for asking or forced to quit - that employee will not be able to sue the state employer for money damages for the harm.
The worker may be able to sue for an injunctive remedy like a court order to reinstate his or her job, for example, if that is appropriate. But presumably the wronged employee would not be allowed to sue for financial harm like lost wages or benefits from related job loss.
The article continues on http://www.stavroslaw.com/blog/2012/05/state-worker-damages-denied-in ... uits.shtml.
Checkout more employment related stories at http://www.stavroslaw.com/blog/.
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