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Comments sought on FMLA jury instructions

January 1, 2008
The 7th Circuit Pattern Jury Instructions Committee is accepting public comments regarding the proposed Family and Medical Leave Act pattern civil jury instructions for the Circuit Court. The committee welcomes comment before submission to the Circuit Council for approval and promulgation.

Congress on Jan. 28 extended FMLA eligibility to include employees who need time off to handle certain qualifying "exigencies" related to certain family members' service or call-up for service in a war, national emergency, or military operation designated by the Secretary of Defense; or to care for a service member receiving care or on temporary disability retired status due to a serious illness or injury. How to define certain terms as they related to the FMLA extended eligibility is discussed in the draft for jury instructions.

Comments should be e-mailed to U.S. District Court, Northern District of Indiana Chief Judge Robert L. Miller Jr. at Robert_Miller@innd.uscourts.gov with a subject line of "Pattern FMLA Instruction Comment" or mailed to the judge at U.S. District Court for the Northern District of Indiana, 204 S. Main St., South Bend, IN 46601. Comments will be accepted through June 30.

A copy of the FMLA draft for notice and comment is available on the Northern District's Web site.
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