FMLA Flashcards
1
Q
Who administers?
A
DOL
2
Q
Benefits provided for non-military
A
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.) ----------- 26 workweeks for sick serviceman.
3
Q
Benefits provided for military.
A
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.)
4
Q
Pre-Reqs.
A
None.
5
Q
S/L
A
FMLA ----------- 2-3 yrs of liquids & you didn't pay the toll. You're a MESs. fMla (dol) Epa (eeoc) flSa (eeoc)
6
Q
Sue indiv?
A
FMLA ----------- Yes *BUT NOT* elected officials (no subj matter juris 11th Circuit) ----------- [big Momma has a motherly Interest for her Official.] a) 50+ applies only to PRIVATE b) Interest recovered c) Officials are exempt from liability.
7
Q
What’s unique about suing indivs under FMLA?
A
FMLA ----------- NO elected offs b/c no subj matter juris 11th Cir. ----------- [big Momma has a motherly Interest for her Official.] a) 50+ applies only to PRIVATE. b) Interest recovered. c) Officials are exempt from liability.
8
Q
State 4 damages.
A
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
9
Q
Applies to?
A
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.
10
Q
What other theories of recovery offer FMLA’s damages?
A
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)
