What are an employer’s obligations regarding benefits for an employee who is out on leave under the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA)?
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Although the legal requirements of the FMLA and the ADA are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know which law takes precedence, or “trumps,” the other. And employee benefits happens to be one such case.