Family and Medical Leave Act:

There is a split among the federal circuit courts of appeal on whether or not public employees/officials may be considered "employers" and therefore held liable in their individual capacities under the  Family and Medical Leave Act (FMLA).

1. a. Has the Fourth Circuit Court of Appeals addressed this issue?  If so, cite the most recent decision on point and summarize the court's position.

    b. If not, cite the relevant district court decisions from the Fourth Circuit and indicate how each court has decided whether public agency employees may be liable in their individual capacities under the FMLA.

2. Which circuits have held that public agency employees may be liable in their individual capacities under the FMLA? Cite the most recent decision on point in each of those circuits.

3. Which circuits have held that public agency employees may not be liable in their individual capacities under the FMLA? Cite the most recent decisions on point in each of those circuits.

4. a. Which West Topic & Key Number(s) have you identified that address whether a public employee/official may be held liable under the FMLA in his or her individual capacity?

    b. Which topic and key number(s) have you identified that address the plain meaning interpretation of statutes?