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U.S. Supreme Court Strikes Down DOL Regulation That Punishes Employers Who Give More Generous Leave Benefits

March 22, 2002

By Neal Mollen, Bonnie Pierson-Murphy & Pat Shea

This week the Supreme Court struck down a Department of Labor regulation that gave employees the right to up to 12 additional weeks of leave if their employer failed to give them individualized notice that a given leave of absence would be counted as leave under the Family and Medical Leave Act. In a 5 to 4 decision, the Court invalidated the challenged regulation as manifestly contrary to the FMLA requirement that employees prove actual impairment of their rights and resulting prejudice in order to recover under the statute.

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Image: Patrick W Shea
Patrick W Shea
Partner, Employment Law Department