Family and Medical Leave Act

In July 2007, the Fourth Circuit Court of Appeals held in Progress Energy v. Taylor, 493 F.3d 454 (4th Cir. 2007), that, under the Department of Labor’s (DOL’s) regulations and the Family and Medical Leave Act (FMLA), employees cannot waive their rights under the FMLA in a private agreement, such as a severance agreement. To waive FMLA rights, the Fourth Circuit held that the agreement must first be court- or DOL-approved. Progress Energy, supported by several other business groups, appealed the decision to the U.S. Supreme Court, citing a split between the Fourth and Fifth Circuits. On January 14, 2008, the Supreme Court asked the DOL to submit its view on the issue. This type of request is often a signal that the Supreme Court will review the decision.
Continue Reading Supreme Court Considers Weighing In On Key FMLA Waiver Issue