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No individual liability under FMLA for public employers

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in FMLA Guidelines,Human Resources

Good news if you work for a public employer in Florida. If you make an FMLA mistake, you can’t be sued individually.

Recent case: Kamara Crawford worked for the city of Tampa and asked for FMLA leave. Her supervisor asked her to fax copies of her medical reports to the city. After she did so, she got a call from a co-worker wishing her well.

Crawford sued her supervisor, alleging that the supervisor was personally liable for failing to protect her confidential medical information. She surmised the co-worker saw the fax.

But the court tossed out the claim, explaining that supervisors who work for government agencies can’t be sued personally for FMLA violations, unlike their peers in the private sector. (Crawford v. City of Tampa, No. 8:08-CV-927, MD FL, 2008)

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