In Willis v. Postmaster General, No. 08-12234, 2008 U.S. App. LEXIS 23987 (11th Cir. Nov. 21, 2008)(unpublished), the Eleventh Circuit agreed with the dismissal of a Postal employee's FMLA claim by the lower court because "the FMLA does not provide a private cause of action for federal government employees against their government employers." In so finding, the court erroneously cited Title II of the statute, which does not apply to the Postal Service. Postal employees are covered by Title I of the FMLA (the DOL regulations), which allows civil suit against covered employers for FMLA violations. Title II (the OPM regulations) does not allow civil service employees to sue in court for FMLA violations.
Comment: Fifteen years after the enactment of the FMLA federal courts and administrative agencies continue to struggle with the concept that the FMLA rights of federal employees are not all the same. The Eleventh Circuit covers Florida, Alabama, and Georgia.