United States Second Circuit

29 CFR 825.110(d), which prohibits an employer from challenging an employee's eligibility for leave once the employer has given notice to the employee that she is eligible for such leave, is invalid under the Family and Medical Leave Act, 29 USC 2601 et seq.

Appellate Information

• Decided 10/10/2001
• Published 10/10/2001

Judges

• POOLER, Circuit Judge:, Before POOLER and SACK, Circuit Judges, and MARTIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• James W. Hyde, IV, Kernan & Kernan, Utica, NY, for Plaintiff-Counter-Defendant-Appellant., Susan Bartkowski, Joshua Sabo, Thorn Gershon Towne Tymann & Bonanni (James T. Towne, Jr. on the brief) Albany, NY, for Defendants-Counter-Claimants-Appellees.