Section 29 Construction With Other Laws

LibraryEmployment Discrimination 2008

The Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601 et seq., 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. Specifically, when medical leave is involved, the interplay between the FMLA, the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq., and The Workers’ Compensation Law of Missouri, Chapter 287, RSMo, must be addressed. The ADA, FMLA, and The Workers’ Compensation Law have provisions and applications that overlap and that are sometimes inconsistent. Employers must be aware of the similarities and differences so that the employer fully complies with each law. See
29 C.F.R. § 825.702(a).

An employee who has used 12 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...

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