waive FMLA rights
Irie
482 Posts
Under the new FMLA regulations, can employees now waive their rights to FMLA if they want? I know they couldn't under the prior regs but thought I heard they can do so now. Thanks.
Comments
This is from the DOL website:
29 CFR 825.220 - Protection for employees who request leave or otherwise assert FMLA rights.
(d) Employees cannot waive, nor may employers induce employees to waive, their prospective rights under FMLA. For example, employees (or their collective bargaining representatives) cannot "trade off" the right to take FMLA leave against some other benefit offered by the employer. This does not prevent the settlement or release of FMLA claims by employees based on past employer conduct without the approval of the Department of Labor or a court. Nor does it prevent an employee's voluntary and uncoerced acceptance (not as a condition of employment) of a "light duty" assignment while recovering from a serious health condition (see Sec. 825.702(d)). An employee's acceptance of such "light duty" assignment does not
constitute a waiver of the employee's prospective rights, including the right to be restored to the same position the employee held at the time the employee's FMLA leave commenced or to an equivalent position. The employee's right to restoration, however, ceases at the end of the applicable 12-month FMLA leave year.
Hope this helps.
Sharon
::pb&J::
(feeling ornery)
Sharon