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FMLA permits waiver of right to court hearing

FMLA permits waiver of right to court hearing

FMLA permits waiver of right to court hearing

A federal District Court in Michigan has dismissed an employee’s case against a nonprofit ambulance service for violation of the Family Medical Leave Act because the controversy had been resolved at the company’s Grievance Review Board. The Court has held that the FMLA prohibits waiver of the substantive rights to leave, but does not preclude a waiver of the right to judicial process. The employee signed an employment contract that required all employment related questions to be resolved through a four-step internal process, with the decision of the Grievance Review Board being “binding to both parties, and enforceable in court.” The employee had gone through the process and had been denied...

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