DOES THE FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993 CREATE A HOLE IN ERISA PREEMPTION

ERISA's broad preemption provision has survived many challenges to its scope and effect. Now it may have succumbed in the face of a few stat ements tucked into the legislative history of the federal Family, and Medical Leave Act (FMLA). Language in the legislative history presents the view that the Act was meant to overturn ERISA preemption of state family and medical leave laws. The text of the FMLA contains no corro borating language to support that view. However, at least one court fo und the statements in the legislative history to be persuasive and rul ed that under the FMLA, ERISA does not preempt state family and medica l leave laws that regulate ERISA plans. If other courts follow that de cision, there will be great implications to employee benefit plan regu lation and administration. This article explores the court's decision and the relationship between the FMLA and ERISA preemption.