This article, the last in a series of three, explores the Family and Medical Leave Act's relationship with other laws. Part 1 discussed the fundamental components of the FMLA and Part 2 defined must-know terminology related to the Act.
While the intricacies of the Family and Medical Leave Act of 1993 are well-known, they are not necessarily understood. Even the most seasoned HR Pro's heart might skip a beat each time a new FMLA case crosses his or her desk.
To complicate matters even further, there is the issue of the Act's interaction with other laws - specifically, Title VII, Workers' Compensation, and the Americans with Disabilities Act. It is important to understand this interplay if you are to fully meet your obligations under the law.
Title VII of the Civil Rights Act of 1964
Private companies and local and state government agencies employing 15 or more individuals are subject to Title VII compliance. An employee's tenure does not play a role in eligibility.
Under Title VII, pregnancy and pregnancy-related conditions are considered temporary disabilities for employment purposes, including leaves of absence. A pregnant employee, therefore, must be eligible for benefits under her employer's short-term disability policy, if one exists, even if she is ineligible for leave under the FMLA. Conversely, an organization that does not offer a short-term disability policy must still grant a leave to a pregnant employee if FMLA eligibility requirements are met.
Workers' Compensation
While Workers' Compensation (WC) statutes vary from state-to-state, most include medical treatment and income continuation provisions for absences resulting from work-related injuries and health conditions.
An injury or health condition that develops as a result of an individual's job may also qualify as a "serious health condition" under the FMLA. In these situations, FMLA benefits run concurrently with the absence under WC. If an employee is unable to return to work after his or her FMLA entitlement expires, FMLA protection no longer applies.
If a health care provider determines that an employee is capable of returning to "light duty" work - but not the same or equivalent job - the employee may decline. In this case, WC benefits cease but the employee continues to be eligible for the amount of leave remaining under the FMLA.
