U.S. Supreme Ct. to Decide if State Employees Can Use the FMLA for Their Own Serious Medical Conditions

Good news, maybe.  The U.S. Supreme Court has agreed to hear the appeal of  Coleman v. Maryland Court of Appeals, 626 F.3d 187 ( 4th cir. 2010) .  This case held that the “self-care” provisions of the FMLA have not been sufficiently waived of the 11th amendment protection from an individual suing state governments (or arms of the state government) even though the “family care” provisions have been validly waived.  At least four federal circuit courts have ruled the same way as Coleman. Also, the Texas Supreme Court in  UTEP v. Herrera held that the State of Texas has not waived its sovereign immunity to suit by an individual under the “self care” provisions of the FMLA.  So, this U.S. Supreme Court appeal is very important to state employees in Texas and other states who, as of now, have no right to enforce the use of the FMLA to be protected for leave for their own serious medical conditions, although they can force its use in order to care for their family who have serious medical conditions.