Section 21 Construction With Other Laws

LibraryEmployer-Employee Law 2008

The FMLA does not affect any federal or state law prohibiting discrimination or supersede 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. Often, the following interact with the FMLA and must be considered:

  • ADA

  • Workers’ Compensation Law of Missouri, Chapter 287, RSMo

  • USERRA (see Chapter 6 of this deskbook)

  • Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 29 U.S.C. §§ 1161–1168 (see Chapter 21 of this deskbook)

An employee who has used 12 weeks of FMLA leave may still be entitled to additional leave as an ADA accommodation if an extra amount of leave is “reasonable.” 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. § 825.702(b).

If the eligible employee’s serious health condition results from an on-the-job injury and the employer designates the leave as paid workers’ compensation leave, the 12-week entitlement under the FMLA and the workers’ compensation leave may run concurrently. The employer may not require an eligible employee to return to work on “light duty” before 12 weeks have...

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