29 CFR 825.220 - Protection for employees who request leave or otherwise assert FMLA rights

Cite as29 CFR 825.220
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1531 practice notes
  • Part II
    • United States
    • Federal Register November 17, 2008
    • November 17, 2008
    ...Register Online via GPO Access [wais.access.gpo.gov] DOCID:fr17no08-23 Page 67933 Part II Department of Labor Wage and Hour Division 29 CFR Part 825 The Family and Medical Leave Act of 1993; Final Rule Page 67934 DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 825 RIN 1215-AB35 The F......
  • Temporary Non-Agricultural Employment of H-2B Aliens in the United States
    • United States
    • Federal Register February 21, 2012
    • February 21, 2012
    ...was consistent with similar prohibitions against waiver of rights under other laws, such as the Family and Medical Leave Act, see 29 CFR 825.220(d), and the H-2A program, see 29 CFR 501.5. The Department received several comments concerning this proposed addition, all of which supported the......
  • Family and Medical Leave Act; information request; report,
    • United States
    • Federal Register June 28, 2007
    • June 28, 2007
    ...is a 188% increase over a thirteen year period. * * * We attribute most of this increase to the FMLA. Under the existing regulations 29 CFR 825.220(c) employers cannot use the taking of FMLA leave as a factor in employment actions, i.e., No-Fault Attendance Edison Electric Institute, Doc. 1......
  • Temporary Non-Agricultural Employment of H-2B Aliens in the United States
    • United States
    • Federal Register April 29, 2015
    • April 29, 2015
    ...is also consistent with similar prohibitions against waiver of rights under other laws, such as the Family and Medical Leave Act, see 29 CFR 825.220(d), and the H-2A program, see 29 CFR 4. Sec. 503.7 Investigation Authority of Secretary of Labor This section retains the authority establishe......
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1490 cases
  • James v. Group, Case No.: 14-CV-1756-AJB-JMA.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • December 2, 2015
    ...(or equivalent) position establishes a prima facie denial of the employee's [CFRA] rights." Sanders , 657 F.3d at 778 (citing 29 C.F.R. § 825.220(b) ). Of course, this right to reinstatement "is not without limits." Id. "An employee has no greater right to reinstatement or to other benefits......
  • Mathews v. Choptank Cmty. Health Sys., Civil No. ELH-20-1255
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • December 28, 2020
    ...U.S.C. § 2615(a)(1). "While the FMLA does not specifically forbid discharging an employee in retaliation for his use of FMLA leave, 29 C.F.R. § 825.220(c) states that employers are 'prohibited from discriminating against employees or prospective employees who have used FMLA leave' and that ......
  • Lottinger v. Shell Oil Co., No. CIV. A. H-99-2103.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • May 16, 2001
    ...The FMLA also protects employees from retaliation for exercising their rights under the statute. See 29 U.S.C. § 2615(a)(1) & (2); 29 C.F.R. § 825.220; Hodgens, 144 F.3d at 159. The Act provides: § 2615. Prohibited acts (a) Interference with rights (1) Exercise of rights It shall be unlawfu......
  • AVILA v. Cont'l AIRLINES INC., No. B196603.
    • United States
    • California Court of Appeals
    • November 12, 2008
    ...CFRA leave as absences under a no-fault attendance policy. (Cal.Code Regs., tit. 2, § 7297.10, incorporating by reference, inter alia, 29 C.F.R. § 825.220, subd. (d).) 8 “Family care and medical leave” includes “[l]eave because of an employee's own serious health condition that makes the em......
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28 firm's commentaries
  • Relief in Sight? DOL Issues Final FMLA Regulations
    • United States
    • JD Supra United States
    • November 25, 2008
    ...has been hospitalized overnight. 29 C.F.R. § 825.302(c). 9 29 C.F.R. § 825.303(c). 10 29 C.F.R. § 825.303(a). 11 29 U.S.C. § 2613. 12 29 C.F.R. § 825.220. 13 29 C.F.R. §§ 825.202(b) and (d). 14 The former regulations did not permit employers to restrict the use of paid vacation or personal ......
  • Term Limits for Contingent Workers: Urban Legend or Necessary Fix?
    • United States
    • Mondaq United States
    • December 20, 2010
    ...Gas & Electric, (unpublished order) No. C-95-4638DLJ (N.D. Cal. 1999). 12 29 C.F.R. § 825.106(e). 13 29 C.F.R. § 825.106(e); 29 C.F.R. § 825.220(a). The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your sp......
  • DOL Issues Six New Opinion Letters And Establishes A New Office Of Compliance Initiatives
    • United States
    • Mondaq United States
    • September 4, 2018
    ...the 12 months necessary to remove points—then the employer may be unlawfully discriminating against employees who take FMLA leave. 29 C.F.R. § 825.220(c) (requiring that employees who take FMLA leave accrue the same benefits as employees who take equivalent non-FMLA Office of Compliance Ini......
  • DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives
    • United States
    • JD Supra United States
    • August 29, 2018
    ...the 12 months necessary to remove points—then the employer may be unlawfully discriminating against employees who take FMLA leave. 29 C.F.R. § 825.220(c) (requiring that employees who take FMLA leave accrue the same benefits as employees who take equivalent non-FMLA Office of Compliance Ini......
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5 books & journal articles
  • If I Sign this Release, I can Still Sue you Later, Right? The Current (And Future) Status of FMLA Waivers
    • United States
    • Capital University Law Review Nbr. 37-1, September 2008
    • September 1, 2008
    ...waivers have the potential to be problematic. The statute is silent on the issue of waivers, but the Code of Federal Regulations at 29 C.F.R § 825.220(d) specifically provides that “[e]mployees cannot waive, nor may employers induce employees to waive, their rights under [the] FMLA.” 7 In J......
  • SC Lawyer, January 2006, #3. Red Flags for Non-Employment Lawyers.
    • United States
    • South Carolina Bar Journal Nbr. 2006, January 2006
    • January 1, 2006
    ...See, e.g. Dierlam v. Wesley Jessen Corp., 222 F.Supp.2d 1052 (N.D. Ill. 2002) (employee may not waive FMLA claims pursuant to 29 C.F.R. § 825.220(d)); see also Bluitt v. Eval Co. of America, Inc., 3 F.Supp.2d 761, 763 (S.D. Tex. 1998). A release of claims under the S.C. Workers' Compensatio......
  • 2009 Fall, Pg. 42. Employee Releases.
    • United States
    • New Hampshire Bar Journal Nbr. 2009, January 2009
    • January 1, 2009
    ...et seq. 29 U.S.C. § 2654; See Moldenhauer v. Tazewell-Pekin Consol. Commerce Ctr., 536 F.3d 640, 643 (7(fn th ) Cir. 2008). 29 C.F.R. § 825.220(d). Faris v. Williams WPC-I, Inc., 332 F.3d 316 (5(fn th ) Cir. 2003); Taylor v. Progress Energy, Inc., 415 F.3d 364 (4(fn......
  • Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights
    • United States
    • Law & Society Review Nbr. 39-1, March 2005
    • March 1, 2005
    ...but they struggled with the contradiction between being‘‘good workers’’ and ‘‘good mothers.’’ The following respondent’s2029 C.F.R. § 825.220.Albiston experience illustrates this conflict. This respondent had worked inthe human resources department of a hotel before taking leave forpregnancy......
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