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Constitutional Law Keyed to Choper
Nevada Dep’t of Human Resources v. Hibbs
Citation:
538 U.S. 721 (2003)Facts
William Hibbs worked for the Nevada Department of Human Resources’ Welfare Division. In April and May 1997, he sought leave under the FMLA to care for his wife, who was recovering from a car accident and neck surgery. The Department granted Hibbs’s request for leave but informed him that the leave would be counted against his annual FMLA entitlement of 12 weeks. In October 1997, the Department determined that Hibbs had exhausted his FMLA leave and gave him the option of returning to work or being terminated. When Hibbs failed to return to work, he was fired. Hibbs then sued the Department in federal court, alleging violations of the FMLA’s family-care provision.
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