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handle is hein.crs/crsaive0001 and id is 1 raw text is: Order Code RS22090
March 23, 2005
CRS Report for Congress
Received through the CRS Web
The Family and Medical Leave Act:
Background and U.S. Supreme Court Cases
Jon 0. Shimabukuro
Legislative Attorney
American Law Division
Summary
This report provides background on the eligibility and notification requirements for
taking leave under the Family and Medical Leave Act (FMLA). The FMLA
guarantees eligible employees 12 workweeks of unpaid leave for the birth or adoption
of a child; for the placement of a foster child; for the care of a spouse, child, or parent
suffering from a serious health condition; or for a serious health condition that makes
the employee unable to perform the functions of the employee's position. Since the
FMLA's enactment in 1993, the U.S. Supreme Courthas considered two cases involving
the statute. Ragsdale v. Wolverine World Wide, Inc. and Nevada Department of Human
Resources v. Hibbs are discussed in this report. The report will be updated in response
to the FMLA's amendment and relevant Supreme Court cases.
The Family and Medical Leave Act (FMLA) guarantees eligible employees 12
workweeks of unpaid leave for certain specified reasons.! Enacted in 1993, the FMLA
seeks to balance the demands of the workplace with the needs of families, to promote
the stability and economic security of families, and to promote national interests in
preserving family integrity.'2 This report provides background on the eligibility and
notification requirements for taking leave under the FMLA, and discusses U.S. Supreme
Court cases that have considered the validity of FMLA regulations and the availability of
money damages under the FMLA for state employees.
Background
Section 102(a)(1) of the FMLA provides that an eligible employee shall be entitled
to a total of 12 workweeks of leave during any 12-month period for one or more of the
following reasons:
1 29 U.S.C. §§ 2601-2654.
2 29 U.S.C. § 2601(b)(1), (b)(2).
Congressional Research Service +. The Library of Congress