Impact on Other Laws and Bargaining Agreements
37. I live in a state which has its own family leave law. Which law applies to me?
It depends on which one is better. If your state law provides family and medical leave rights superior to the federal law, the state law applies. If the FMLA is better, it applies.47
38. My union has negotiated leave for the bargaining unit. How does the FMLA affect our contract?
If the leave provided by your contract is superior to the FMLA, the FMLA does not affect your contract. If your contract provisions are not as good as that required by the FMLA, the employer is obligated to comply with the FMLA.48 There may be gaps in what your contract provides. For example, your contract might include good parenting leave provisions but nothing on leave to care for a spouse, child or parent with a serious health condition. You may negotiate language to fill in these gaps. That way all of the employee’s rights to leave can be enforced through the contract, which may be faster and more effective than filing charges with the U.S. Department of Labor.
