A Big Win on Family Leave

In a victory for nearly five-million state public service employees nationwide, the U.S. Supreme Court ruled in May that state workers can sue states for damages over violations of the federal Family and Medical Leave Act (FMLA). The 1993 law allows employees to take up to 12 weeks of unpaid leave per year because of serious illness — their own or that of a parent, child or spouse.

Pres. Gerald W. McEntee praised the court's 6-3 ruling, saying the FMLA — which AFSCME was instrumental in getting Congress to pass — "has provided the critical balance between obligations at work and responsibilities to family. ... This victory means the hardworking men and women who care for our country will be able to take the time they need to care for their families."

The high court decision, which cited McEntee's 1987 testimony before a Senate subcommittee, was also a victory for a Nevada Department of Human Resources employee, William Hibbs. In 1997, he sought 12 weeks of leave under the act to care for his injured wife. The department granted his request along with "catastrophic leave" — time donated by colleagues that the employer counted against the 12 weeks. Hibbs contended that under the federal law, leave should start only after his catastrophic leave had ended. He was fired. Hibbs proceeded to sue the state, which claimed sovereign immunity. After a series of judicial reviews, the Supreme Court allowed Hibbs to pursue his case against the state in federal court in Nevada.