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| No Waiver of FMLA Rights |
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According to the 4th Circuit Court of Appeals, FMLA rights cannot be waived, either retroactively or prospectively. Under this ruling, FMLA waivers which are contained in severance agreements are invalid and unenforceable. Employers may wish to review company waivers and release language. See Taylor v. Progress Energy, Inc. (2007) 4th Circ. 493 F. 3d 454
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