FMLA COPY Flashcards
Who administers?
DOL
Benefits provided for non-military
FMLA ----------- 12 workweeks of leave for: 1. Birth 2. Placing of child 3. Serious health condition 4. Qualifying exigency under military (ex. childcare arrangements after wife leaves on active duty.)
Benefits provided for military.
FMLA ----------- Giovani gets 6.5 months. Russell gets 3 ----------- 26 workweeks to care for a sick serviceman.
12 workweeks for qualifying exigency (ex. childcare arrangements after wife leaves on active duty.)
Pre-Reqs.
None.
S/L
FMLA ----------- 2-3 yrs of liquids & you didn't pay the toll. You're a MESs. fMla (dol) Epa (eeoc) flSa (eeoc)
Sue indiv?
Yes BUT NOT elected officials (no subj matter juris 11th Circuit)
———–
[big Momma has a motherly Interest for her Official.]
a) 50+ EEs
b) Interest recovered - UNIQUE only one
c) Officials are exempt from liability.
What’s unique about suing indivs under FMLA?
NO elected offs b/c no subj matter juris 11th Cir.
———–
[big Momma has a motherly Interest for her Official.]
a) 50+ EEs
b) Interest recovered - UNIQUE only one
c) Officials are exempt from liability.
State 4 damages.
FMLA ----------- 2 yrs / 3 yrs Liquid + interest + JEFF’s Lost Benes. 1. Liquid 2. Prejudgment interest. 3. Jury trial. 4. Equitable relief. 5. Front pay (if can't reinstate)/Back pay 6. Fees (atty) + C 7. Lost benes.
Same as EPA + FLSA
Applies to?
All public [50+ applies to PRIVATE only]
———–
[big Momma has a motherly Interest for her Official.]
a) 50+ applies only to PRIVATE
b) Gets all recovery, JEFF, LB, + Interest
c) Interest recovered - UNIQUE only one
d) Officials are exempt from liability.
What other theories of recovery offer the same as FMLA’s damages?
Punis + JEFF + Lost Benes ----------- All #s + A.M. ALE ----------- 1981, 1983, 1985 [A.M. ALE - drinking in the a.m.? that's a lot of liquid] Adea fMla (3 yrs) + interest Ada fLsa (3 yrs) Epa (3 yrs)
