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No FMLA liability for park supervisor

Federal courts continue to fill in the puzzle pieces for liability under the Family & Medical Leave Act. From Harrisonburg, U.S. District Judge Glen Conrad says that a supervisor for the Upper Valley Regional Park Authority has no individual liability for a park manager’s claim that the supervisor violated the Act by denying the manager leave to care for her 22-year-old stepson who was injured in an ATV.

In Miller v. County of Rockingham (VLW 007-3-130), Conrad said the 4th Circuit has yet to rule on the question of individual FMLA liability for employees of public agencies, and the federal circuits are split. Conrad followed a 6th Circuit decision to dismiss the case against the individual park director, but let the case go forward against Rockingham and Augusta Counties.

Local government lawyers headed to the annual conference of the Local Government Attorneys of Virginia in Hampton Roads later this month should take note of the Miller ruling. Conferees are scheduled for game-show style CLE on April 20, and they could score points during “Employment Law Jeopardy,” or “Deal or No Deal.”

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