Overview. As an initial matter, employers need to recognize that there are a number of federal, state, and local laws governing leave. In addition to the FMLA, the Americans with Disabilities Act (ADA) and Title VII can impact employees’ leave rights. State and local laws, including workers compensation laws, may impose requirements related to an employee’s absence from work due to an injury, disability, or illness. When multiple laws apply, federal regulations direct an employer to provide leave under whichever statutory provision provides the greater rights to the employee.
Finally, the existence of short or long-term disability benefits does not alter a covered employer’s obligations to abide by the FMLA, and employers cannot refuse to allow FMLA leave just because STD and LTD are available. Employers must also make sure that third-party administrators processing leave requests understand and comply with the FMLA.