Handle the Interaction of the FMLA with Other Laws and/or Policies

Key Points

  • There are several federal and state antidiscrimination laws, such as the Americans with Disabilities Act (ADA), Genetic Information Nondiscrimination Act (GINA), the Pregnancy Discrimination Act (PDA), state leave laws or workers' compensation statutes that can come into play prior to, during or following an employee's FMLA leave.
  • Generally, when the FMLA intersects with other laws, collective bargaining agreements or employer-created policies, the employer must apply the law, provision or policy that provides the greatest benefit to the employee.
  • An employer should have written policies governing the administration of FMLA leave, as well as all employer-provided leaves. The leave policies should address the terms of each leave, the processes through which an employee should request leave and the interaction between the FMLA and the employer's leave policies.
  • Failure to understand how these laws/policies work together can cost an employer significant money in work days lost, costs of temporary help and overtime.

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