Total Articles: 4
Fourth Circuit Reaffirms Prohibition on Private Releases of FMLA Claims (pdf).
On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).
Fourth Circuit Says FMLA Waivers Must be Approved by Court or DOL.
After vacating its prior decision in the case, the Fourth Circuit has again held that a Department of Labor (DOL) regulation interpreting the Family and Medical Leave Act (FMLA) prohibits employees from waiving FMLA rights, even in a post-dispute settlement, unless a court or the DOL approves the waiver.
Court Prohibits Waiver of FMLA Claims Without Prior Approval (pdf).
The U.S. Court of Appeals for the Fourth Circuit has
ruled that unapproved waivers of claims under the Family
and Medical Leave Act are unenforceable. In Taylor v.
Progress Energy, Inc., 415 F.3d 364 (4th Cir. 2005),
plaintiff Taylor requested and was improperly denied
FMLA leave for the treatment of severe leg pain and an
abdominal mass. After learning of a planned layoff, she
asked the company to record her absences as FMLAprotected.
The company denied her request and terminated
her based on the poor productivity ratings she had
received due to her frequent absences.
Private Releases of FMLA Claims Rejected (pdf).
Employers routinely ask employees to sign general releases of potential claims in
exchange for severance packages or to resolve employment-related disputes. However,
a recent decision from the U.S. Court of Appeals for the Fourth Circuit, which has
jurisdiction over North and South Carolina, calls into question the validity of the portions
of releases involving claims under the Family and Medical Leave Act (FMLA). In Taylor
v. Progress Energy, Inc. (July 20, 2005), the Fourth Circuit refused to enforce the waiver
of an FMLA claim because the waiver was not approved by either the U.S. Department
of Labor (DOL) or a court.
