The FMLA's 50 Employee Threshold: Remember How Many Employees You Have!
Interesting case from the 5th Circuit found by Ross regarding the question of whether the Family and Medical Leave Act's 50 employee threshold can be overcome by estoppel. In the case of Minard v. ITC Deltacom (5th Cir 04/18/2006) The Fifth Circuit Court of Appeals held that:
"an employer who without intent to deceive makes a definite but erroneous representation to his employee that she is an "eligible employee" and entitled to leave under FMLA, and has reason to believe that the employee will rely upon it, may be estopped to assert a defense of non-coverage, if the employee reasonably relies on that representation and takes action thereon to her detriment."
In other words, the employer told her she was eligible for Family/Medical Leave, when she really wasn't as they later claimed that they had fewer employees. Moral of the story: count your employees.