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The FMLA, Expanded

By Sandra E. Pullman
October 26, 2012

The Family Medical Leave Act's (FMLA) guarantee of 12 weeks of leave due to a serious health condition has long been criticized as inadequate to meet employees' needs. Yet employees who remain out on leave longer than 12 weeks pursuant to their employers' representations can typically reclaim their jobs and even seek damages beyond those envisioned by the statute. Where employers have not met their obligations under the FMLA, plaintiffs should look to the text of the statute, judicial estoppel, and common law or other related statutes to grant them job protection following an extended leave.

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