Identify When the FMLA Intersects With Other Laws and/or Policies
- An employer's obligations under the Family and Medical Leave Act (FMLA) can intersect with several federal, state and local antidiscrimination laws, state and local leave laws, workers' compensation statutes, collective bargaining agreements (CBAs) and employer-created policies. Various legal requirements may come into play prior to, during or following an employee's leave under the FMLA.
- When an employee requests FMLA leave, the employer should review the employee's request to determine if the employee is entitled to rights under any other law, CBA or employer-created policy and then apply the right(s) that are most beneficial to the employee.
- A review includes, for example: whether the request for leave is a qualifying reason for leave under another leave law or policy and/or if the reason for leave may qualify as a disability under the ADA, or comparable state or local law.
- 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.