Nevada Department of Human Resources vs.

Hibbs (2003)By: Jenn Melendez

FMLA

• FMLA stands for Family and Medical Leave Act.

• This act was created in 1993

• This entitles an eligible employee to take up to 12 workweeks of unpaid leave annually for the onset of a “serious health condition” in the employee’s spouse.

• This law also entitles a job-protection

FactsWilliam Hibb worked for the Welfare Division

of the Nevada Department of Human Resources. He requested leave under the

FMLA to care for his wife, that had been in a car accident.

He was granted the full twelve weeks intermittently , as needed, between May and

December of 1997.

Problem

Hibbs was told to return to work on a given date after the twelve weeks.. He did not show up. The Nevada Department of Human Resources fired him for not

going back to work. Hibbs filed lawsuit claiming that they had allegedly violating FMLA code. The suit went

to the supreme court under the 14th Amendment.

Ruling6-3 ruling in favor of Hibbs. They believed that

money is due to an employee in damages when guidelines of the FMLA are not followed.