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Constitutional Law Keyed to Farber
Coleman v. Court of Appeals of Maryland
Facts
Under the federal Family and Medical Leave Act (FMLA), an employee may take leave to care for: (A) a newborn child, (B) a newly adopted child or newly placed foster-care child, (C) a spouse, child, or parent with “a serious health condition,” and (D) his or her own serious health condition, if it interferes with the ability to do his or her job. In Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003), the United States Supreme Court applied the spousal provision to state employers. The issue of application of the employee health provision to state employers was raised before the United States Supreme Court.
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