Nevada Dept. Of Human Resources v. Hibbs

538 U.S. 721 (2003)

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Nature of the Case

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Facts

The FMLA entitles eligible employees to take up to 12 workweeks of unpaid leave annually for any of several reasons, including the onset of a 'serious health condition' in an employee's spouse, child, or parent. The Act creates a private right of action to seek both equitable relief and money damages 'against any employer (including a public agency) in any Federal or State court of competent jurisdiction,' should that employer 'interfere with, restrain, or deny the exercise of ' FMLA rights. Hibbs (P) worked for Nevada Department of Human Resources (D). P sought leave under the FMLA to care for his ailing wife, who was recovering from a car accident and neck surgery. D granted his request for the full 12 weeks and authorized him to use the leave intermittently as needed between May and December 1997. P did intermittent leave, and then on August 5, 1997, he did not return to work. In October 1997, D informed P that he had exhausted his FMLA leave, that no further leave would be granted, and that he must report to work by November 12, 1997. P failed to do so and was terminated. P sued seeking damages and injunctive and declaratory relief. The District Court awarded D summary judgment on the grounds that the FMLA claim was barred by the Eleventh Amendment and that P's Fourteenth Amendment rights had not been violated. P appealed, and the United States intervened under 28 U. S. C. §2403 to defend the validity of the FMLA's application to the States. The Ninth Circuit reversed. The Supreme Court granted certiorari.