An analysis of the purpose and limitations of the Family Medical Leave Act (FMLA).
Written in 2008; 2,626 words; 8 sources; MLA; $ 79.95
Paper Summary:
This paper analyzes the Family Medical Leave Act (FMLA) of 1993. It discusses the purpose of the law and how it has assisted employees who are eligible for it. The paper looks at who the law applies to and what conditions it guarantees, as well as what provisions it makes. Finally, the paper discusses the limitations to FMLA's coverage.
From the Paper:
"Although the FMLA is very specific and the DOL has clearly explained provisions of the law, it has been the subject of some controversy. In Nevada Dept. of Human Resources v. Hibbs, 538 U.S. 721 (2003), Hibbs, an employee of the Nevada Department of Human Resources sought leave under the FMLA to care for his wife. His request was granted, but the Department eventually informed Hibbs that his leave was exhausted and told him to return to work. Hibbs failed to do so and was terminated. Hibbs sued the Department, seeking monetary damages for interfering with Hibb's exercise of FMLA rights. The Supreme Court determined that state employees could recover monetary damages in federal court for a State's failure to comply with the FMLA. This was an important holding because the Eleventh Amendment generally bars suits against the states in federal court. However, the Court determined that when Congress specifically intends to abrogate Eleventh Amendment immunity, it can do so, and that it did so in the FMLA. Given that one of the purposes of the FMLA was to end gender-based discrimination in the taking of leave, that motive was substantial enough to end Eleventh Amendment immunity."
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