Friday, November 04, 2005

Sixth Circuit Holds that Damages for Emotional Distress Are Not Allowed under the FMLA

The Sixth Circuit in Brumbalough v. Camelot Care Centers, Inc., --- F.3d ----, 2005 WL 2861035 (6th Cir. Nov. 02, 2005) has joined several other circuits in holding that damages for emotional distress are unavailable under the Family Medical Leave Act (FMLA):

"The underlying logic to these courts' conclusion is this: Because the FMLA specifically lists the types of damages that an employer may be liable for, and it includes damages only insofar as they are the actual monetary losses of the employee such as salary and benefits and certain liquidated damages, the FMLA does not permit recovery for emotional distress."


Post a Comment

<< Home