The Essential Guide to Family & Medical Leave

chapter 11 | how other laws affect FMLA leave | 277
Do Other Laws Apply?, continued
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Applies if:
• Employee needs or takes leave to serve in the armed forces.
If USERRA and the FMLA both apply:
• Time the employee spends on leave protected by USERRA counts as months and hours
worked for the employer, for purposes of calculating employee’s eligibility for FMLA leave.
State Family and Medical Leave Laws
Apply if:
• Employer meets the coverage requirements of the state law: Some apply to smaller employers
than the FMLA.
• Employee meets the eligibility requirements of the state law: Some require less time in-service
for eligibility.
• Employee is taking leave for a reason covered by the state law: Some allow leave for a wider
variety of family members or for different conditions from the FMLA.
Overlap with the FMLA if:
• Employer is covered by both laws, employee is eligible for leave under both laws, and employee
is taking leave for a reason covered by both laws.
If a state family and medical leave law and the FMLA both apply:
• Time the employee takes off counts against the employee’s leave entitlement under both laws.
• The employee need comply only with whichever notice and certification requirements are less
strict: the state law’s or the FMLA’s.
State Workers’ Compensation Laws
Apply if:
• Employer is required to carry workers’ compensation coverage (almost all are).
• Employee suffers a work-related injury or illness.
Overlap with the FMLA if:
• Employee’s serious health condition is also a work-related injury or illness.
If a state worker’s compensation law and the FMLA both apply:
• Employee may not be required to accept a light-duty position; however, employee’s workers’
compensation benefits may cease if the employee chooses not to work light duty.
• If employee accepts a light-duty position, the employee’s right to reinstatement under the
FMLA continues for 12 weeks total: the time the employee spends on leave plus the time the
employee spends in the light-duty position.
• Employee who cannot return from work after FMLA leave may still have some reinstatement
rights under the state workers’ compensation law.