Workers' Compensation and FMLA

Workplace accidents can happen. This is where workers’ compensation and the Family and Medical Leave Act (FMLA) come in. These protections help workers when they get hurt on the job.

Workers’ compensation helps injured workers by covering their medical treatment. It also provides disability benefits to cover lost wages if they can’t work for a while. On the other hand, the FMLA allows employees to take up to 12 weeks of unpaid leave. This leave enables workers to care for themselves or a family member with a serious health issue.

If your work injury meets the FMLA definition of a serious health condition, you may qualify for both protections at the same time. However, you can’t receive full wage replacement from both programs. Your employer can’t substitute FMLA leave for workers’ compensation or require you to give up your workers’ comp rights.

This article explores and explains the differences between FMLA and workers’ compensation. These laws protect employees’ rights and ability to make a living. Employment law can be a complicated mix of federal and state law. If you find yourself in this situation, seeking legal advice is a good idea. A workers’ compensation attorney in your state can also answer your questions and help you understand how these programs interact.

The Difference Between FMLA and Workers’ Compensation

FMLA and workers’ compensation differ in important ways. The FMLA entitles eligible employees to job-protected leave for qualifying reasons and allows them to take up to 12 weeks of unpaid leave in a 12-month period.

FMLA protects the employee’s job during the leave period. At the end of the leave, an employer must return the employee to their original job or an equivalent position. An employee may go on leave to address a serious health condition.

Unlike workers’ compensation, the condition’s cause is irrelevant and doesn’t need to be work-related. Both FMLA leave and workers’ comp may run concurrently. The employer must inform the employee in writing that the leave is FMLA.

To qualify for FMLA, you must have worked for your employer for at least 12 months, completed at least 1,250 hours in the past year, and work at a location with at least 50 employees within 75 miles. Not all workers or employers are covered, so confirm your eligibility before relying on FMLA protections.

FMLA vs. Workers’ Compensation at a Glance

FMLA and workers’ compensation both provide job protections and financial support during your time away from work. However, they apply in different situations and offer different benefits. The table below breaks down the key differences between these two laws.

Qualifying Reasons for FMLA

FMLA applies to a covered employer and eligible employees. Employees can take FMLA leave for several reasons, such as a severe health condition, the need to care for a sick family member, or maternity/paternity leave. Unpaid FMLA leave must be granted to an eligible employee for any of the following reasons:

• For the birth of a child and to care for that newborn child
• For placement with the employee of a child for adoption or foster care and to care for the newly placed child
• To care for the employee’s spouse, child, or parent who has a serious health condition
• For a serious health condition that makes the employee unable to perform their job

While an employer must hold your job, they are not obligated to pay you for time missed under the FMLA unless there’s a mitigating factor.

Understanding Workers’ Compensation

Workers’ compensation is for workers who are injured on the job. It pays for medical expenses and, in some cases, gives you a portion of your average weekly wage if you can’t work because of the injury.

Workers’ comp has specific rules. The injury must be job-related. You must follow the prescribed medical care. If the injury causes a permanent disability or an impairment, you may qualify for additional benefits.

Your employer might offer you light-duty work as part of your recovery. You can return to work, but your tasks are adjusted to fit your medical condition.

Workers’ compensation provides for healthcare and income replacement, but doesn’t always guarantee job protection (some state workers’ compensation provisions do). In general, workers’ compensation laws state that employees relinquish their right to sue their employers for work-related injuries in exchange for these benefits.

Can My Employer Force Me To Take FMLA for a Work-Related Injury?

In most cases, your employer can legally require you to use FMLA leave for a work-related injury. Under federal FMLA rules, your employer can count time off for workers’ compensation as family and medical leave, as long as your injury meets FMLA‘s requirements for a serious health condition.

Employers are required to perform due diligence to ensure they aren’t unintentionally causing the employee to use up all their benefits. Your employer must be covered under FMLA, and your injury must meet FMLA‘s definition of a serious health condition. If either condition is not met, your employer can’t force you onto FMLA leave, though they may still ask you to use accrued paid leave instead.

Watch for these warning signs. Your employer may be violating your rights if any of the following happen:

• They tell you that you must choose between FMLA and workers’ compensation, as if the two are mutually exclusive
• They deny or reduce your workers’ compensation claim because you are also on FMLA leave
• They push you to come back to work against your doctor’s recommendation as your FMLA leave runs low

If any of the above happen, consider speaking with a workers’ compensation lawyer.

Overlap of FMLA and Workers’ Comp

The FMLA and workers’ compensation provisions can overlap. An employee may suffer a workplace injury or illness that is also a serious health condition under the FMLA. If this happens, the laws’ provisions can run concurrently. In other words, an employee may be off work under the FMLA while also receiving workers’ compensation benefits. The time off is counted against the employee’s applicable 12-week entitlement to job-protected FMLA leave.

When the FMLA and workers’ compensation laws apply, employers must provide leave under whichever law provides greater rights and benefits to employees. Employers can’t require a worker to take FMLA leave instead of workers’ compensation if the person’s injury makes them eligible for workers’ compensation benefits.

Sometimes FMLA and workers’ compensation can overlap. For example, if you’re injured on the job and can’t work for several weeks, you may be eligible for workers’ compensation benefits and FMLA leave at the same time. These situations can be complex, so it’s best to get legal advice to fully understand your rights and responsibilities.

Examples of When FMLA and Workers’ Comp Overlap

Let’s take a look at a few common scenarios that show how these laws interact in practice.

• A construction worker breaks a leg on site: The injury is job-related, so workers’ compensation covers medical treatment and a portion of lost wages. The injury also prevents the worker from working, so it likely qualifies as a serious health condition under FMLA. This means the employer can run the leave concurrently with the 12-week FMLA entitlement. The worker’s job stays protected while the workers’ comp claim covers the bills.
• A warehouse employee develops a repetitive stress injury: Treatment requires several weeks away from work. Workers’ comp covers the medical costs and wage replacement. FMLA guarantees the employee’s position will still be there when they are cleared to return.
• A retail employee suffers a workplace injury that requires only a few days of recovery: The time off may be too short to require FMLA leave. FMLA leave is measured against the employee’s 12-week entitlement, and short absences may not trigger the same job-protection questions. State law or company policy could still apply, so it’s worth checking both.
• An employee is released to light duty, but the employer has no light-duty work available: In this situation, the employee may remain out on workers’ comp benefits while the leave also counts toward FMLA. The employer still cannot terminate the employee or fill the position simply because no modified role exists.

A job injury can happen in any number of ways. Every situation is unique.

What Are Your FMLA Rights Concerning Workers’ Comp? A Lawyer Can Help

If you’re an injured employee, FMLA provides certain rights in conjunction with workers’ comp:

• Your job and group health benefits are protected while you are on FMLA leave, which means you must be restored to your original job or an equivalent job when you return
• If you can return to work but with certain limitations, you may be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA)

This could include workplace modifications or adjustments to your duties.

Workplace injuries can result in time off work, medical bills, and other complications. However, your employer must carry workers’ compensation insurance for such events. Knowing whether the FMLA applies to the leave you may request can also be confusing.

An attorney can help. They can review your workers’ comp claim and help you obtain the workers’ compensation leave you deserve. They can also advise you on workers’ comp benefits. If you suffered an on-the-job injury and need skilled legal help with a potential workers’ compensation claim, legal support may be key to a successful claim.

Because both federal law and state law apply, your legal advisor should also be licensed in the state where you work. FindLaw’s directory of workers’ comp attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Many law offices offer free consultations.