How Do FMLA and Workers’ Compensation Work Together?

Both the Family Medical Leave Act and workers’ compensation allow eligible employees the ability to take time off from work due to injury or illness and still receive certain benefits. Because of this, many employees and even employers can be confused about which area of law applies to their situation. Additionally, in some cases an employer may be able to group both FMLA and workers compensation benefits during the same period of leave.

A workers comp lawyer with Pond Lehocky Giordano can help you make sure you are receiving the correct benefits, as well as not missing out on additional job security through the FMLA.

What Is the Family Medical Leave Act (FMLA)? (165,000)

If you are covered by FMLA guidelines, you can still receive the same group health insurance coverage during a leave of absence, as well as return to your prior job. This leave is assumed to be unpaid, and must meet certain considerations. FMLA covers:

• 12 weeks leave per calendar year for childbirth
• 12 weeks leave per calendar year to care for a newborn child in their first year of life
• 12 weeks leave per calendar year for adopted children or foster care
• 12 weeks leave per calendar year to care for a spouse, child, or parent with a serious health condition
• 12 weeks leave per calendar year for emergencies connected to the employee’s spouse, son, daughter, or parent on active military duty
• 12 weeks leave per calendar year in cases where an employee experiences a serious health condition that makes them unable to perform their job
• 26 weeks military caregiver leave per calendar year for employees who are the spouse, son, daughter, parent, or next of kin of a service member

Is FMLA Paid Leave? (1,000)

FMLA is a federal mandate that covers unpaid leave, but some states offer additional compensation programs. In these cases, states may expand eligibility to smaller companies, such as those with 25 employees or more, or offer extended benefits to grandparents as well as parents, children and spouses. If you live in any of the following states you may be able to receive a percentage of your pay while taking FMLA leave:

• California
• Colorado
• Connecticut
• New Jersey
• New York
• Massachusetts
• Oregon
• Rhode Island
• Washington
• Washington, D.C.

What Is the Difference Between FMLA and Workers’ Comp?

The Family Medical Leave Act (FMLA) is different from workers’ compensation in several key ways. For one, not every employee is covered by the FMLA. Some state laws affect eligibility, but the federal guidelines mandate FMLA coverage for employees who work for:

• Private organizations with at least 50 employees
• All government agencies
• Public and private elementary and secondary schools

Additionally, to qualify for FMLA you will need to have:

• Worked for your employer for a minimum of 12 months
• Worked at least 1250 hours for your employer in the last 12-month period
• Work for an employer with at least 50 employees within 75 miles of your workplace or job site

By contrast, workers’ compensation laws are much more expansive. Virtually all employers must carry workers’ compensation insurance, with some exceptions for nonprofits and religious institutions. There is no minimum period you need to have worked before you are eligible for workers compensation, and you can be eligible as soon as your first day on the job.

FMLA covers both you and your family’s illnesses, injuries, and medical emergencies; however, it does not provide a guarantee of pay. Its main benefit is job security when you return to work and continuing insurance coverage during the leave period. Workers compensation, on the other hand, provides a percentage of your weekly salary rate when you have been injured but only applies to employees who are injured while at their job and cannot be used for outside illnesses or injuries (unlike FMLA).

Can You Use Sick Time for FMLA? (70)

Not every company offers paid sick time to their employees. For those that do, employees may prefer to use that paid benefit before resorting to FMLA. These policies are different, and there is no guarantee that you will receive pay when opting to take FMLA leave.

Whether or not you can do so often depends on state law as well as your individual company’s policy. However, FMLA offers much longer coverage than most company’s PTO benefits. FMLA allows you to take up to 12 weeks unpaid leave per calendar year to take care of not only yourself after an injury or illness but also a sick child or aging parent.

What Not to Do While You’re Out on Paid Leave

• Do not perform work while out on FMLA leave. You do not have to “micro-work” while on FMLA, including sending over documents, answering emails, scheduling, or other workplace tasks. If your employer is trying to make you work while taking FMLA, talk to an employment lawyer.
• Do set up an out of office message, or share your log-in credentials with your employer so that they can make contingency plans for your leave.
• Do not do anything inconsistent with your documented leave. You can be terminated if your employer can show that the reason you took FMLA was untrue. For instance, if you are on FMLA for a broken leg, don’t go out for a neighborhood jog.
• Do update your employer about your medical condition. Your employer can still contact you during FMLA and can ask for updates on your return date, as well as how you are doing. You should not ignore your employer entirely, even while taking FMLA.
• Do speak with HR and ensure that they know why you are gone. Make sure you receive documentation from your employer at the start of your FMLA period. If you do not do so, you may not be covered.

Do I Have to Use FMLA While on Workers’ Comp? (210)

Both FMLA and workers’ compensation require employer action. This means that your employer cannot retroactively inform you that your time off while recovering has been your FMLA. They must notify you in writing at the beginning of your leave period if they are combining a workers’ compensation leave of absence with FMLA.

How Can a Lawyer Help with FMLA and Workers Comp?

Consult with a workers’ compensation lawyer if you are worried about losing your job after a workplace injury. You are not required to take FMLA after a workplace accident, but in some cases it may be advisable to do so.

FMLA provides job security after an injury, as does the Americans with Disabilities Act. However, you can be legally terminated even while taking workers compensation leave in some scenarios, such as if your employer alleges there are issues with pre-existing job performance issues, a violation of company policies, a downsizing or reduction of business, etc.

If you are fired while taking workers’ compensation benefits, speak to an employment attorney. Our office may be able to help you understand your rights as an injured employee. If you have been fired solely for using your workers’ compensation or while taking FMLA, you may be eligible to file an employment lawsuit.

Talk to a Workers’ Compensation Lawyer for Help with Your Claim

We are relentless in our pursuit of justice, working tirelessly to secure the full compensation you’re owed for your injuries, medical bills, and suffering. Backed by 250 years of combined legal experience and more than 100,000 successful cases, the legal team at Pond Lehocky Giordano is ready to fight for you. Call 1-800-568-5700 or complete our contact form today for a free, no-obligation consultation.