Cite as: 535 U. S. 81 (2002)
O'Connor, J., dissenting
§ 825.208(e)(2) (2001). This is hardly the "high price" of which the Court complains. See ante, at 96.
Second, the Court claims that the penalty would discourage employers from voluntarily providing more leave than the FMLA requires, contrary to the Act's assertion that "[n]othing in this Act . . . shall be construed to discourage employers from adopting or retaining [more generous] leave policies," § 2653. See ante, at 95. This section sets out a general interpretive principle, however, and should not be construed as removing from the Secretary the power to craft any regulation that might have even a small discouraging effect, no matter how otherwise important. Moreover, because of the ease with which an employer may meet its obligation to provide individualized notice, this effect will be minimal.
For these reasons, I would reverse the judgment of the Court of Appeals and remand the case for appropriate proceedings.
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