Employment – FMLA — estoppel

Listen to this article

U.S. Court of Appeals for the 7th Circuit

Civil

Employment – FMLA — estoppel

Where an employer approved leave under the FMLA, it is estopped from revoking it later without cause.

“The problem with the State’s argument that the court only ruled on the first of two types of entitlement is that it is not supported by the procedural facts of the case nor by case law. Both parties appear to have acknowledged that the issue of entitlement was resolved prior to trial. Holder filed a motion in limine, moving the court to exclude any evidence of his wife’s medical condition on the theory that that issue had been resolved and was not subject to proof at trial. (R.50, pp.2-3). The State agreed that given the summary judgment ruling, the issue could not be raised at trial. (R.51, pp.1-2). And the pre-trial order did indeed conclude that “the Defendants are estopped from claiming that Holder was not entitled to FMLA leave.” (R.52 p.2). The State never sought to limit the summary judgment ruling to one particular type of entitlement.”

Affirmed.

12-1456 Holder v. IDOC

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Rovner, J.