Sec.31-51qq-41. How does FMLA affect federal and State anti-discrimination laws?

(a) Nothing in FMLA modifies or affects any federal or State law prohibiting discrimination on the basis of a protected class as enumerated in Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, 42 USC sections 2000e to 2000e-17, inclusive, the ADA and FEPA.

(b) An employee may be on a workers’ compensation absence due to an on-the-job injury or illness which also qualifies as a serious health condition under the FMLA. The workers’ compensation absence and FMLA leave may run concurrently, subject to proper notice and designation by the employer. At some point, the health care provider providing medical care pursuant to the workers’ compensation injury or illness may certify the employee is able to return to work in a “light duty” position. If the employer offers such a position, the employee is permitted but not required to accept the position. As a result, the employee may no longer qualify for payments from the workers’ compensation benefit plan, but the employee is entitled to continue on unpaid FMLA leave either until the employee is able to return to work or until the employee’s FMLA leave entitlement is exhausted. If the employee returning from the workers’ compensation injury is a qualified individual with a disability, the employer’s obligations may be governed by the ADA and FEPA.

(Adopted effective March 9, 1999; Amended August 3, 2022)