Employees Cannot Waive or Release FMLA Claims

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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