Can Employers Become Contractually Bound to the FMLA?
The Family and Medical Leave Act (FMLA) protects employees who work for employers that have more than 50 employees within seventy-five miles of the employee’s worksite. However, the United States District Court for the Northern District of Illinois has suggested that employers, even if not specifically covered by the FMLA, may bind themselves to the terms of the FMLA through certain oral and written statements made to their employees. In Reaux v. Infohealth Management Corp., 2009 WL 635468 (N.D.Ill.), there was no dispute that the employer employed fewer than 50 employees within seventy-five miles of the employee’s worksite. However, the…