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If your business is subject to a collective bargaining agreement (CBA), has the agreement been updated to conform with the FMLA?
Note: Every covered employer must post and keep posted on its premises, in conspicuous
places where employees are employed, a notice explaining the Act's provisions, whether or not it has any "eligible" employees. Please review the bulleted items below for more information on posting requirements.
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An employer must observe any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established by the FMLA.
Conversely, the rights established by the Act may not be diminished by any employment benefit program or plan. For example, a provision of a CBA which provides for reinstatement to a position that is not equivalent because of seniority is superseded by FMLA.
See Regulations 29 CFR Part 825.700(a).
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