Section 19 Construction With Other Laws

LibraryEmp-Emp Law 2000

The FMLA does not affect any federal or state law prohibiting discrimination or supercede any state or local law or collective bargaining agreement that provides greater family leave protection. 29 U.S.C. § 2651. Thus, employers are obligated to comply with whatever statutes or collective bargaining agreements give the greatest benefits to employees. Specifically, when medical leave is involved, the interplay between the FMLA, the ADA, and The Workers’ Compensation Law of Missouri, Chapter 287, RSMo, must be addressed.

An employee who has used twelve weeks of FMLA leave may still be entitled to additional leave as an ADA accommodation. It is also important to note that the ADA’s “disability” and the FMLA’s “serious health condition” are different concepts and should be analyzed separately. 29 C.F.R. §...

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