An employee who was ineligible for leave under the Family and Medical Leave Act because she was not in a facility with 50 or more employees within a 75-mile radius can proceed with her law suit based on the assurances of the company that she was eligible, an Illinois federal district court rules.

Pursuant to the company’s handbook, and after she received written and verbal assurances from management, the employee took leave, but was subsequently terminated before she returned to work. The court decides that she may proceed with her suit under the FMLA, agreeing with her argument that the employer was “equitably estopped from claiming that she is ineligible based on the employee handbook and its verbal and written assurances that she was eligible to take FMLA leave.” Reaux v. Infohealth Management Corp.