In a matter of first impression, employee within a public agency could be held individually liable under the FMLA. If a public employee acts, directly or indirectly, in the interest of an employer, he satisfies the definition of employer under the FMLA, and therefore, may be subject to liability in his individual capacity.
Modica v. Taylor, 465 F.3d 174 (C.A.5 (Tex.),2006).
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