Employees Cannot Waive or Release FMLA Claims
Patricia HaasMay 9, 2006 — 1,995 views
Employers frequently ask departing employees to sign separation agreements releasing the employer from any and all claims that the departing employee may have, in return for severance pay or some other form of consideration. However, the Fourth Circuit Court of Appeals now cautions that even if a separation agreement provides for a release of all claims, this does not prevent a former employee from asserting a claim under the Family and Medical Leave Act (“FMLA”).
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