Excerpt: The final regulations codify the DOL's longstanding position that employees may voluntarily settle or release their FMLA claims without either court or DOL approval. Although this is not a change in the law, the clarification was needed because a recent Fourth Circuit Court of Appeal decision interpreted the DOL's regulations as prohibiting employees from either prospectively or retroactively waiving their FMLA rights. (Note: prospective waivers of FMLA rights continue to be prohibited under the final regulations.)

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