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Court holds that two-year statute of limitations applies to FMLA claims of state employees; reinstatement rejected

In Crugher v. Prelesnik, the aggrieved Department of Corrections employee sought reinstatement of his previous position, but he did not act within two years of the alleged violation of the FMLA.  He pointed to a prior decision of the Supreme Court authorizing an aggrieved employee to file suit within three years.

The Court held that since the FMLA provided the plaintiff an express remedy for a violation, he was obligated to act within the time limits contained within the FMLA and that the prior damages claim holding suggesting otherwise did not apply to him.

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