Laws regarding employee rights may overlap
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Laws regarding employee rights may overlap

On Behalf of | Aug 28, 2021 | Employment Law

Employment laws are a necessary part of any industry to ensure that workers are treated fairly. In some cases, workers in Michigan and across the country may need to enforce the rights and protections certain laws provide if they believe it would apply to a current predicament. It could also be possible for employees to fall under the protection of multiple laws, such as the Family and Medical Leave Act and the Americans with Disabilities Act.

Though these laws offer protection in different capacities and for different purposes, they can overlap in some ways to the benefit of individuals who need them. For instance, if a person qualifies for reasonable employment accommodations and qualifies for leave under the FMLA, it may be possible for that person to take leave that lasts longer that the 12 weeks allowed under the FMLA if needed. Of course, that would depend on the specific details of the situation.

Additionally, there are instances in which an employer may be required to adhere to one act and not the other, such as if the following scenarios apply:

  • An employer who has less than 50 employees may not have to adhere to the FMLA, but if the employer has at least 15 employees, the ADA may apply.
  • Even if an employee has a serious health condition that qualifies him or her for leave under the FMLA, that same condition may not qualify as a disability under the ADA.
  • It is possible that state laws regarding leave could come into play in addition to one or both of these laws.

It can easily become complicated for Michigan workers to understand their rights as employees and when certain laws may apply. In the event that a worker believes that his or her rights have been violated, gaining information that applies to the specific ordeal may be worthwhile. Individuals concerned about violations regarding their civil liberties under the Family and Medical Leave Act and/or the Americans with Disabilities Act may wish to discuss those concerns further with experienced employment law attorneys.