The Essential Guide to Family & Medical Leave

276 | the essential guide to family and medical leave
Do Other Laws Apply?
Americans with Disabilities Act (ADA)
Applies if:
• Employer has at least 15 employees.
• Employee has a disability: a physical or mental impairment that substantially limits one or
more major life activities.
• Employee can perform the job’s essential functions, with or without a reasonable
accommodation.
Overlaps with the FMLA if:
• Employee has a serious health condition that also qualifies as a disability.
If the ADA and the FMLA both apply:
• Employee may be entitled to a reasonable accommodation instead of, or upon returning from,
leave.
• Employee is entitled to take FMLA leave, if eligible, rather than accept a reasonable
accommodation “light duty” position.
• Employee may be entitled to more leave than the FMLA requires as a reasonable
accommodation.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Applies if:
• Employer has at least 20 employees.
• Employee receives benefits from employer’s group health plan.
• Employee has a qualifying event that would otherwise end health coverage.
Overlaps with the FMLA if:
• Employee does not return from FMLA leave for any reason.
• Employee returns from FMLA leave to a position that does not offer health benefits.
If COBRA and the FMLA both apply:
• Employee (and/or employee’s dependents, if covered by employer’s group health plan) may
receive continued benefits for 18 to 36 months, but must pay the entire premium.
Title VII
Applies if:
• Employer has at least 15 employees.
Overlaps with the FMLA if:
• Employer makes FMLA decisions on the basis of race, religion, or other protected
characteristics.
• Employer treats men and women differently in administering the FMLA.
• Employer treats pregnancy leave different than other types of FMLA leave.