Non-waivable "Prospective" FMLA Rights Refer to Future, Potential Claims, Not Claims Based on Past Employer Conduct: Eleventh Circuit | Practical Law
In Paylor v. Hartford Fire Insurance Company, the US Court of Appeals for the Eleventh Circuit affirmed the district court's grant of summary judgment in favor of the employer on the plaintiff's FMLA claims, holding that the plaintiff released the claims she had against her employer for conduct that occurred prior to the date she signed her severance agreement. As a matter of first impression, the Eleventh Circuit interpreted the meaning of "prospective" FMLA rights that are not waivable under 29 C.F.R. § 825.220(d), and held that it does not protect all unexercised claims an employee may have, but only future claims for violations that have not yet occurred.