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

Facts William 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 14 th Amendment.

Ruling 6-3 ruling in favor of Hibbs. They believed that money is due to an employee in damages when guidelines of the FMLA are not followed.