In the case of Taylor v. Progress Energy, Inc., ___ F.3d ___, 2007 WL 1893362 (CA 4 (N.C.) 2007), the Fourth Circuit Court of Appeals looked into the meaning of 29 C.F.C. §825.220(d) and determined that the FMLA precludes both the prospective and retrospective waiver of all FMLA rights, including the right of action (or [...]

Although FMLA regulations state that employees cannot waive their rights under the Act, the Fifth Circuit ruled that an employee can release the right to sue for damages under the FMLA as part of a general release. – Faris v. Williams