In an employment termination action brought under the Family Medical Leave Act, district court judgment is affirmed where equitable estoppel may not be applied against a government employer based upon the employer’s alleged oral assurances to the employee of coverage under the Act, as plaintiff had no right to FMLA leave under the statute because she did not work the requisite number of hours.      

Read Nagle v. Acton-Boxborough Regional Sch. Dist., No. 08-2374

Appellate InformationAppeal from the United States District Court for the District of Massachusetts.Decided July 30, 2009

JudgesBefore: Boudin, Hansen, and Lipez, Circuit Judges.Opinion by Boudin, Circuit Judge.

CounselFor Appellant: Jason R. Powalisz, Mark A. Hickernell, Alan J. McDonald and McDonald, Lamond & Canzoneri.

For Appellee:  Deidre Brennan Regan, Deborah I. Ecker and Brody, Hardoon, Perkins & Kesten.

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