The Essential Guide to Family & Medical Leave

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How Other Laws Affect FMLA Leave C H A P T E R 11 Federal Laws.......................................................................................................................250 Americans with Disabilities Act (ADA)........................................................250 Consolidated Omnibus Budget Reconciliation Act (COBRA).........258 Title VII of the Civil Rights Act..........................................................................259 Uniformed Services Employment and Reemployment Rights Act (USERRA)..........................................................................................261 State Laws............................................................................................................................262 State Family and Medical Leave Laws............................................................262 Workers’ Compensation.......................................................................................269 Light Duty.....................................................................................................................271 State Disability Insurance Programs...............................................................272 Common Mistakes Regarding Other Laws and Benefits— And How to Avoid Them.......................................................................................273
248 | the essential guide to family and medical leave Chapter Highlights An employee covered by the FMLA and other employment laws is entitled to every protection of every applicable law. If the laws call for different approaches to the same situation, you must apply whichever law is more beneficial to the employee. An employee who has a serious health condition under the FMLA may also have a disability under the Americans with Disabilities Act (ADA). • Only qualified employees with disabilities— those who can perform the essential functions of the job, with or without a reasonable accommodation—are protected by the ADA. • Employers must provide reasonable accommodations to allow employees with disabilities to do their jobs. This may include more time off than the FMLA requires, changes to the job, or a transfer to another position. An employee who does not return to work at the end of FMLA leave may be entitled to continuing health benefits pursuant to the Consolidated Omnibus Budget Reconciliation Act (COBRA). Title VII prohibits employers from discriminating based on race, color, national origin, religion, or sex (including pregnancy) in any aspect of employment, including providing leave. Time an employee spends on leave to serve in the armed forces counts as time worked when determining the employee’s eligibility for FMLA leave. State laws also give employees the right to take time off for a variety of reasons, including family and medical leave, adoption, and pregnancy. • Some of these laws cover smaller employers, have more lenient eligibility requirements for employees, allow longer periods of leave, allow leave to care for a broader range of family members, or allow leave for different purposes from the FMLA. • If an employee takes leave that is covered by both the FMLA and a state law, that leave counts against the employee’s entitlement pursuant to both laws—and the employee need comply only with whichever law’s notice and certification requirements are more lenient. • If an employee takes leave that is covered by the FMLA or the state law but not both, the employee may be entitled to more than 12 weeks of total leave. An employee whose serious medical condition comes from a workplace injury or illness is probably also entitled to workers’ compensation benefits; an employee who is out on leave for a workers’ comp injury or illness almost always has a serious health condition covered by the FMLA. • An employee who is on FMLA leave does not have to accept a “light duty” position; however, an employee who rejects such a position may no longer be entitled to workers’ comp benefits. • Most state workers’ compensation laws do not require employers to hold an employee’s job for the duration of his or her workers’ comp leave; this might come into play if an employee uses up his or her FMLA leave and still needs time off.
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please note We believe accurate, pl
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First Edition June 2007 Editor alay
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About the Authors Lisa Guerin is an
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5 Leave for a New Child Leave for B
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An Overview of Family and Medical L
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chapter 1 | AN ovERvIEW OF FAMILY A
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chapter 1 | an overview of Family a
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Is Your Company Covered by the FMLA
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chapter 2 | is your company covered
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Leave for a Serious Health Conditio
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Leave for a New Child C H A P T E R
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How Much Leave Can an Employee Take
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Medical Certifications (Proof of Il
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chapter 8 | Medical Certifications
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Company Policies Regarding FMLA Lea
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Forms and Checklists a p p e n d i
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appendix D | how to use the cd-rom
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