Court says FMLA applies to states

In a decision concerning a Nevada case, the U.S.

Supreme Court last week said that state employees are covered by the Family and Medical Leave Act and can sue a state if it doesn't comply with the act.

The case - the Nevada Department of Human Resources v.William Hibbs - involved a state worker who took leave from his job in 1997 to care for his injured wife.

According to the state, the employee was granted 12 weeks of FMLA leave.When he was told to return to work and didn't, the state fired him.

The worker says he never received the total leave to which he was entitled.

Hibbs then sued the state in the Federal District Court, which found in favor of the state on the grounds that the FMLA was barred by the Eleventh Amendment.

Hibbs appealed that decision to the Ninth Circuit, which found in his favor.

The U.S.

Supreme Court agreed to hear the case earlier this year "to resolve a split among the Courts of Appeals on the question whether an individual may sue a State for money damages in federal court for violation of," the FMLA, according to the majority opinion written by Chief Justice William Rehnquist The Supreme Court's decision ia narrow, according to Tom Sargent, public information officer for the Attorney General's office, and means that the case will now be heard in a federal court.

"No court decision thus far has demonstrated that Nevada discriminates with regard to its leave policies, and, in Mr.

Hibbs instance, the state was nearly twice as generous as the FMLA requires," said Attorney General Brian Sandoval in a prepared statement.

"Now that the Supreme Court has determined that this case is properly heard in federal court, we look forward to having the case heard and determined based on its merits."