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Nevada Department of Human Resources, et al., v. William Hibbs, et al.
16 Fla. L. Weekly Fed. S291a
Hibbs was an employee of Nevada Department of Human Resources. In April and May 1997, he asked for and was granted 12 weeks of intermittently needed unpaid leave under the FMLA to take care of his ailing wife, who was recovering from a car accident and neck injury. Hibbs did so until August 5, 1997, after which he did not return to work. In October 1997, Hibbs was informed that he had exhausted his leave and must report to work by November 12, 1997. He failed to do so and was fired. Hibbs sued Nevada Department of Human Resources under the Family Medical Leave Act. The Federal District Court awarded the employer summary judgment on the ground that the FMLA claim was barred by the Eleventh Amendment. Hibbs appealed, and the United States intervened under 28 U.S.C.
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