{"id":353600,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/workers-compensation\/workers-compensation-and-fmla.html"},"modified":"2023-08-24T09:51:15","modified_gmt":"2023-08-24T14:51:15","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 Jade Yeban, Esq.<\/a> | Legally reviewed by Katrina Wilson, 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
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Workers\u2019 compensation provides medical and wage benefits for work-related injuries, while FMLA offers up to 12 weeks of unpaid, job-protected leave for serious health conditions. These benefits can sometimes overlap, but they serve different purposes and follow separate rules.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

In the world of work, accidents can happen. This is where workers’ compensation and the\u00a0Family and Medical Leave Act<\/a>\u00a0(FMLA) come in. These federal law protections help workers when they get hurt on the job.<\/p>\n

Workers’ compensation helps injured workers by covering their medical treatment. It also helps by providing disability benefits if they cannot work for a while. On the other hand, the FMLA allows employees to take up to 12 weeks of unpaid leave<\/a>. This leave enables workers to care for themselves or a family member with a serious health issue.<\/p>\n

These laws protect employees’ rights and ability to make a living. Note that these laws can be complicated. Their application can vary based on state law<\/a>. So, if you find yourself in this situation, seeking legal advice is a good idea.<\/p>\n

This article describes the differences between FMLA and workers’ compensation. A workers’ compensation attorney<\/a> in your state can also answer your questions and help you understand how these programs interact.<\/p>\n

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

There are essential differences between FMLA<\/a> and workers’ compensation. The\u00a0FMLA\u00a0entitles eligible employees to job-protected leave for qualifying reasons. FMLA allows eligible employees to take unpaid leave for up to 12 weeks in 12 months.<\/p>\n

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 equivalent. An employee may go on leave to address a severe health condition<\/a>.<\/p>\n

Unlike\u00a0workers’ compensation<\/a>, the condition’s cause is irrelevant, nor does it 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.<\/p>\n

Qualifying Reasons for FMLA<\/h2>\n

FMLA applies to a covered employer and eligible employees. Employees can take FMLA leave for several reasons. An example is if you have a severe health condition that makes it impossible for you to perform your job. Another is if you need to care for a sick family member or you have a child. Unpaid FMLA leave must be granted to an eligible employee for any of the\u00a0following reasons<\/a>:<\/p>\n