{"id":353600,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/injury\/workers-compensation\/workers-compensation-and-fmla.html"},"modified":"2026-09-28T09:45:54","modified_gmt":"2026-09-28T14:45:54","slug":"workers-compensation-and-fmla","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/workers-compensation\/workers-compensation-and-fmla.html","title":{"rendered":"Workers’ Compensation and FMLA"},"content":{"rendered":"\n
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Workers' Compensation and FMLA<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
Workers\u2019 compensation<\/span> provides medical and wage benefits for work-related injuries<\/span>. The Family and Medical Leave Act<\/span> (FMLA<\/span>) offers up to 12 weeks of unpaid, job-protected leave<\/span> for serious health conditions<\/span>. These benefits can sometimes overlap, but they serve different purposes and follow separate rules.<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n
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Workplace accidents can happen. This is where workers\u2019 compensation<\/span> and the Family and Medical Leave Act<\/span><\/a> (FMLA<\/span>) come in. These protections help workers when they get hurt on the job.<\/p>\n

Workers\u2019 compensation<\/span> helps injured workers by covering their medical treatment<\/span>. It also provides disability benefits to cover lost wages<\/span> if they can\u2019t work for a while. On the other hand, the FMLA<\/span> allows employees to take up to 12 weeks of <\/span>unpaid leave<\/span><\/a>. This leave enables workers to care for themselves or a family member with a serious health issue.<\/p>\n

If your work injury meets the FMLA<\/span> definition of a\u00a0serious health condition<\/span>, you may qualify for both protections at the same time. However, you can\u2019t receive full wage replacement from both programs. Your employer can\u2019t substitute FMLA<\/span> leave for workers\u2019 compensation<\/span> or require you to give up your workers\u2019 comp rights.<\/p>\n

This article explores and explains the differences between FMLA<\/span> and workers\u2019 compensation<\/span>. These laws protect employees\u2019 rights and ability to make a living. Employment law<\/span> can be a complicated mix of federal and state law<\/span><\/a>. If you find yourself in this situation, seeking legal advice is a good idea. A workers\u2019 compensation<\/span> attorney<\/a> in your state can also answer your questions and help you understand how these programs interact.<\/p>\n

The Difference Between FMLA<\/span> and Workers\u2019 Compensation<\/span><\/h2>\n

FMLA<\/span><\/a>\u00a0and\u00a0workers\u2019 compensation<\/span> differ in important ways. The\u00a0FMLA<\/span>\u00a0entitles\u00a0eligible employees<\/span>\u00a0to job-protected leave for qualifying reasons and allows them to take\u00a0up to 12 weeks of <\/span>unpaid leave<\/span>\u00a0in a 12-month period.<\/p>\n

FMLA<\/span> protects the employee\u2019s 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<\/span>. An employee may go on leave to address a serious health condition<\/span><\/a>.<\/p>\n

Unlike workers\u2019 compensation<\/span><\/a>, the condition\u2019s cause is irrelevant and doesn\u2019t need to be work-related. Both FMLA<\/span> leave and workers\u2019 comp may run concurrently. The employer must inform the employee in writing that the leave is FMLA<\/span>.<\/p>\n

To qualify for FMLA<\/span>, you must have worked for your employer for at least 12 months, completed at least 1,250 hours<\/span> 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<\/span> protections.<\/p>\n

FMLA<\/span> vs. Workers’ Compensation<\/span> at a Glance<\/h2>\n

FMLA<\/span> and workers\u2019 compensation<\/span> both provide job protections<\/span> 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.<\/p>\n\n\n\n\n\n\n\n\n\n
\u00a0<\/td>\n\n

FMLS<\/b><\/p>\n<\/td>\n

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Workers\u2019 Compensation<\/b><\/p>\n<\/td>\n<\/tr>\n

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Covers<\/b><\/p>\n<\/td>\n

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Serious health conditions<\/span><\/a> (yours or an immediate family member’s), the birth or adoption of a child, or certain military family needs<\/span><\/p>\n<\/td>\n

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Only injuries or illnesses that occur on the job<\/span><\/p>\n<\/td>\n<\/tr>\n

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Pay during leave<\/b><\/p>\n<\/td>\n

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Unpaid (unless you use accrued PTO or a state paid-leave program)<\/span><\/p>\n<\/td>\n

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Partial wage replacement, typically a percentage of average weekly wage<\/span><\/p>\n<\/td>\n<\/tr>\n

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Medical expenses<\/b><\/p>\n<\/td>\n

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Not covered<\/span><\/p>\n<\/td>\n

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Covers job-related medical treatment<\/span><\/p>\n<\/td>\n<\/tr>\n

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Job protection<\/b><\/p>\n<\/td>\n

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Guaranteed return to the same or an equivalent position<\/span><\/p>\n<\/td>\n

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Varies by state; not guaranteed everywhere<\/span><\/p>\n<\/td>\n<\/tr>\n

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Eligibility<\/b><\/p>\n<\/td>\n

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Requires 12 months of service, 1,250 hours worked, and employment at a site where your employer has <\/span>50 or more employees within 75 miles<\/span><\/a><\/p>\n<\/td>\n

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Generally applies from your first day on the job, regardless of hours worked<\/span><\/p>\n<\/td>\n<\/tr>\n

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Right to sue employer<\/b><\/p>\n<\/td>\n

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Not affected<\/span><\/p>\n<\/td>\n

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Typically waived in exchange for benefits<\/span><\/a><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Qualifying Reasons for FMLA<\/span><\/h2>\n

FMLA<\/span> applies to a covered employer<\/span> and eligible employees<\/span>. Employees can take FMLA<\/span> 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<\/span> leave must be granted to an eligible employee<\/span> for any of the following reasons<\/a>:<\/p>\n