The common employer practice of including Family and Medical Leave Act (FMLA) claims in general releases is now in jeopardy after the Fourth Circuit’s recent decision in Taylor v. Progress Energy, No. 04-1525 (4th Cir. July 20, 2005). Although it is unclear whether other U.S. Courts of Appeals or the U.S. Supreme Court will follow Taylor, employers in the Fourth Circuit must now seek prior approval by the U.S. Department of Labor (DOL) or a court for a release of FMLA claims to be valid.
