FMLA Provides for Jury Trial for Money Damages

The FMLA provides for the right to a trial by jury where the claim involves money damages.  Petty v. Carolina Biological Supply, No. 1:05cv00954, 2006 U.S. Dist. LEXIS 63615 (M.D.N.C. Sept. 5, 2006). 

Comment:  The decision is correct for Title I cases arising in the private sector.  The courts are split on whether a jury trial is available for Title I cases in the federal sector.  Some courts have accepted arguments that federal agencies have not waived sovereign immunity to permit jury trials for FMLA claims.  It is likely that the same split of authority will develop for civil suits pursuant to the CAA and PEOAA. Title II does not allow aggrieved employees to sue the agency employer for FMLA violations.