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Family and Medical Leave Act Advisor

Related Laws

Employees taking leave that is protected under the FMLA may have protections under other laws as well, depending on the employee's individual circumstances.

State FMLA
Several states have enacted state family and medical leave laws, some of which provide greater amounts of leave and benefits than those provided by the Federal FMLA, and/or provide benefits to employees who are not eligible under the Federal FMLA. In situations where an employee is covered by both Federal and state FMLA laws, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the civilian job rights and benefits of certain uniformed servicemembers. Any period of absence from work due to or necessitated by USERRA-covered service counts toward the employee’s 12-month and hours of service eligibility requirements.

Some employees may also be entitled to protections provided by the Americans with Disabilities Act (ADA). The employment provisions of the ADA are administered by the U.S. Equal Employment Opportunity Commission (EEOC).

The Health Insurance Portability and Accountability Act (HIPAA) includes standards to protect the privacy of individually identifiable health information. HIPAA is administered by the U.S. Department of Health and Human Services' Office for Civil Rights.

Return to the FMLA Advisor Introduction