Supreme Court Says States Can’t Be Sued Over FMLA “Self-Care” Provision By Porter Wright on April 26, 2012 On March 20, 2012, in a 5-4 decision, the Supreme Court of the United States ruled that states cannot be sued for denying workers sick leave under the FMLA. Continue Reading Supreme Court Says States Can’t Be Sued Over FMLA “Self-Care” Provision