Do federal laws providing family and medical leave still apply?

(See 29 CFR § 825.701) Nothing in FMLA supersedes any provision of federal or local law that provides greater family or medical leave rights than those provided by FMLA. Employees are not required to designate whether the leave they are taking is State FMLA leave or federal FMLA leave, and an employer must comply with the appropriate (applicable) provisions of both. An employer covered by one law and not the other has to comply only with the law under which it is covered. Similarly, an employee eligible under only one law must receive benefits in accordance with that law. If leave qualifies for both State and federal FMLA leave, the leave used counts against the employee's entitlement under both laws. Examples of the interaction between FMLA and federal laws include: Because State FMLA provides 16 weeks of leave entitlement over two years, an employee would be entitled to take 16 weeks one year under State law and 12 weeks the next year under federal FMLA. Health benefits maintenance under federal FMLA would be applicable only to the first 12 weeks of leave entitlement each year. If an employee took 12 weeks the first year, the employee would be entitled to a maximum of 12 weeks the second year under federal FMLA (not 16 weeks).