7/29/20
Family Medical Leave Act
• Employers with 50+ employees must provide 12 weeks of unpaid leave in a year for family and medical reasons • Eligibility • Employed 12 months and 1,250 hours;
• Birth, adoption, placement of child in foster care; • Care of seriously ill child, spouse or parent; or • Own serious illness • Return to same or equivalent position upon return • Tribes not specifically mentioned • DOL position that FMLA applies to Tribes • 2020 – Extended Family Medical Leave Act
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Case Law
• Must exhaust tribal court remedies • Sharber v. Spirit Mountain Gaming, Inc., 343 F.2d, 724 (9 th Cir. 2003) • FMLA does not abrogate tribal sovereign immunity and without a waiver in gaming compacts or by policy, the court will not infer one • Muller v. Morongo Casino Resort & Spa , ED-CV-14-02308-VAP (C.D. Cal, July 17, 2015)
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