OCEG | Open Compliance and Ethics Group

This Supplement addresses the risks and compliance issues that arise when an employer must make decisions about granting leave to employees. Use this Supplement in conjunction with use of the OCEG GRC Capability Model (Red Book) to ensure complete understanding and application of its contents.

Rejecting the Labor Department's argument that its regulation providing that employees cannot waive their rights under the Family and Medical Leave Act bars only the prospective waiver of FMLA rights, a divided panel of the U.S. Court of Appeals for the Fourth Circuit July 3 ruled that the plain language of the regulation precludes both the prospective and retrospective waiver of all FMLA rights, including claims for past violations (Taylor v. Progress Energy Inc., 4th Cir., No. 04-1525, 7/3/07).

A popular, and altruistic, employee benefit some employers provide is a leave-sharing program. An employer-sponsored leave-sharing program allows an employee to donate accrued hours of paid vacation, or personal and potentially sick leave for the benefit of other employees who are in need of taking more leave than they have available.

Employers are required to provide to persons entitled to the rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a notice of the rights, benefits and obligations of such persons and such employers under USERRA. Employers may provide the notice, “Your Rights Under USERRA”, by posting it where employee notices are customarily placed.