The question of whether individuals can be personally liable under the Family and Medical Leave Act ("FMLA") has been percolating in the federal courts for more than a decade. Over this period, district courts throughout the country have consistently held that individuals working for private employers can be held liable for FMLA violations. Given the length of time over which the courts have been considering this issue, it would seem safe to assume that the courts have fully examined the factors that might lead to individual liability, such as the FMLA's statutory language, other courts' interpretations of similar language, the policy behind the statute, and whether vublic policy supports liability. Such an assumption, however, is unwarranted.
Sandra F. Sperino,
Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability under the Family and Medical Leave Act,
71 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol71/iss1/7