FMLA Insights - Policies, Practices and More: An FMLA "To Do" List for 2011 - Comments http://www.fmlainsights.com/ Family Medical Leave Act Labor & Employment Lawyers & Attorneys : Franczek Radelet PC en Copyright 2012 Mon, 05 Mar 2012 10:31:11 -0600 Mon, 05 Mar 2012 10:31:11 -0600 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Jill What do you mean by "Employees now may release past FMLA claims"? Can you clarify your statement about the severance agreements? Thank you!

]]> http://www.fmlainsights.com/fmla-faqs/policies-practices-and-more-an-fmla-to-do-list-for-2011/#24163 http://www.fmlainsights.com/fmla-faqs/policies-practices-and-more-an-fmla-to-do-list-for-2011/#24163 FMLA FAQs Tue, 04 Jan 2011 08:31:21 -0600 Jeff Nowak Jeff Nowak Jill: Under the old FMLA regulations, employees could not waive their rights under the FMLA. Federal appellate courts interpreted this provision to mean that employees could not waive any FMLA claims, including past FMLA claims, without court or DOL approval (adopting a similar approach under the FLSA). This holding effectively prevented employers from settling past FMLA claims without getting a court or the DOL involved.

The new FMLA regulations clarify the DOL's position on this point. Now, any release or settlement of an employee's past FMLA claims (e.g., through a general release contained within a separation agreement) is valid. (See 825.220(d)). However, an employee still cannot waive any prospective FMLA claim.

]]> http://www.fmlainsights.com/fmla-faqs/policies-practices-and-more-an-fmla-to-do-list-for-2011/#24908 http://www.fmlainsights.com/fmla-faqs/policies-practices-and-more-an-fmla-to-do-list-for-2011/#24908 FMLA FAQs Tue, 04 Jan 2011 08:31:21 -0600 Jeff Nowak