What if the requirements of the ACF conflict with the provisions of a collective bargaining agreement?
The ACF states that it trumps a collective bargaining agreement unless the agreement provides paid leave benefits that are equal to or greater than those provided under the ACF. Q. How does the ACF relate to the Family Medical Leave Act? The ACF is separate from both the Maine and federal Family Medical Leave Acts. The ACF makes a reference to these laws, however, when it states that “[f]or purposes of applying family medical leave requirements, the employer shall treat leave under this section in the same manner as the employer treats leave for a sick employee.” This section of the legislation is particularly ambiguous. Those who participated in the legislative process have suggested that the intent of this section was to allow employers to count paid ACF leave toward the employee’s FMLA allotment, even if the illness does not constitute a “serious health condition.” It is possible that courts will interpret the ACF in this fashion with respect to the Maine family medical leave law, w
Related Questions
- If the company has union employees whose benefit offerings may be limited through collective bargaining agreement, are the requirements of the ordinance waived?
- What if the requirements of the ACF conflict with the provisions of a collective bargaining agreement?
- Does Charter Amendment Allow City to Act Contrary to Pre-Existing Collective Bargaining Agreement?
