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- Title
AN UNEVEN PLAYING FIELD: PUBLIC EMPLOYEES ARE DISADVANTAGED IN FMLA ELIGIBILITY/NOTICE DISPUTES.
- Authors
McCormick, Sean
- Abstract
The article explains the U.S. family and medical leave act of 1993 (FMLA) and reflects the U.S. Department of Labor's (DOL) regulatory attempts in implementing the goals of the act. It examines the use of equitable estoppel in FMLA eligibility cases and development of different standards for its use when applied by government employees against those in private sector. It suggests that courts should allow public employees to use equitable estoppel as a shield to an eligibility defense.
- Subjects
FAMILY &; Medical Leave Act of 1993 (U.S.); UNITED States. Dept. of Labor; EQUITABLE estoppel; ELIGIBILITY (Social aspects); CIVIL service; PRIVATE sector; COURTS
- Publication
University of Dayton Law Review, 2011, Vol 36, Issue 3, p363
- ISSN
0162-9174
- Publication type
Article