FMLA 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?
50+ EEs
———–
[big Momma has a motherly Interest for her Official.]
a) 50+ EEs
b) Gets all recovery, JEFF, LB, Punis + Interest
c) Interest recovered - UNIQUE only one
d) Officials are exempt from liability.
We know FMLA is the only recovery that pays interest.
What other theories of recovery offer the remainder of 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)
