Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other. In these cases, it is important to know which law takes precedence, or “trumps,” the other.
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Here, we present a workplace scenario related to the benefits coverage of an employee who has been out on extended unpaid leave. Then we provide relevant information about the ADA and FMLA and the proper course of action for the employer.