SECTION 9: INTERACTION OF FMLA/CFRA WITH WORKERS'
COMPENSATION, LABOR CODE 4850 AND
AMERICANS WITH DISABILITIES ACT
Interaction of Workers' Compensation and FMLA/CFRA
The FMLA provides that an employee's serious health condition can be a result of an illness or injury on or off the job. In the case of a job-related illness or injury, FMLA may run concurrently with Workers' Compensation leave if the illness or injury meets the FMLA definition of a serious health condition and the employee is properly notified.
When FMLA, CFRA and Workers' Compensation run concurrently, an employee may not be forced to return to light duty work under FMLA or CFRA.
EXAMPLE
The health care provider treating Tammy under Workers' Compensation may certify that she can return to light duty work, but is unable to return to her normal job or an equivalent job. Under FMLA and CFRA Tammy may decline the employer's offer of the light duty job. In that event, Tammy should be made aware that Workers' Compensation benefits may be forfeited. Tammy may voluntarily and without coercion accept a “light duty” assignment while on FMLA and CFRA leave. In such a circumstance, Tammy's right to restoration to the same or equivalent position is available until 12 workweeks have passed within the 12-month period, including all FMLA and CFRA leave taken and the period of light duty.
Interaction of FMLA/CFRA and Labor Code 4850
FMLA and/or CFRA cannot run concurrently with Labor Code 4850 which provides full benefits to safety employees injured on the job. Safety employees who sustain a job-related injury are entitled to benefits under the provisions of the Labor Code Section 4850 for a maximum of one year or when they are able to return to work, whichever occurs first.
Interaction of Americans with Disabilities Act (ADA) and FMLA/CFRA
FMLA and/or CFRA leave does not affect the provisions or the regulations issued under the Americans with Disabilities Act (ADA). FMLA and/or CFRA leave does not limit ADA rights and protections. This means that if an employee qualifies for ADA, the employer must make reasonable accommodations in accordance with ADA and the employee would also be entitled to rights and protections under FMLA and/or CFRA. ADA, FMLA, and CFRA must be analyzed separately by the Human Resources Office to determine which statute provides the employee with the greatest benefit.
For example, FMLA/CFRA entitles an eligible employee to a maximum leave of 12 or 26 workweeks (under NDAA) per 12-month period. ADA allows a qualified individual an indeterminate amount of time, barring undue hardship, if appropriate as a reasonable accommodation. The general rule is if ADA provides a greater benefit to the employee, then ADA prevails over FMLA and/or CFRA and vice-versa.
NOTE: ADA's definition of “disability” and FMLA's definition of a “serious health condition” are defined differently and must be analyzed separately.
An important difference in the return to work provisions of ADA and FMLA is that under ADA provisions, the employee must be reinstated to the same position if a reasonable accommodation is available. Under FMLA and/or CFRA an employee may be reinstated to the same or equivalent position.
ADA leave does not require an employer to continue the qualified employee's health coverage unlike FMLA and CFRA. Since FMLA and/or CFRA may run concurrently with ADA, the employee will be entitled to the continuation of medical and dental coverage for the 12 or 26 workweek (under NDAA only) period. Management must inform the ADA qualified employee that his or her ADA leave will also be designated as FMLA and CFRA leave.