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Don’t ask workers to waive past or future FMLA claims

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in Employment Law,FMLA Guidelines,Human Resources

A key FMLA regulation says, “Employees cannot waive, nor may employers induce employees to waive, their rights under FMLA.” But does that rule apply to waivers of future FMLA violations—such as those in new hires’ employment contracts—as well as when they sign settlement agreements based on past FMLA violations?

The answer is yes, according to a key ruling last month. It said employees can’t prospectively or retrospectively waive or release their FMLA claims, unless they get permission from the U.S. Labor Department or a court. (Taylor v. Progress Energy, 4th Cir.)

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