FMLA And Equitable Estoppel

Law360, New York (August 12, 2009, 2:25 PM EDT) -- A Scottish proverb warns that it is a shame to swallow an ox just to choke on its tail.

Since its passage in 1993, employers have diligently attempted to incorporate the Family and Medical Leave Act's regulatory scheme into the workplace compliance regimen, only to be tripped up on some final and technical requirement that lands them in the courthouse.

What can be even more gut-wrenching is the employer who provides FMLA leave when not statutorily required to do so only to be sued later for...
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