What Employers & Workers Need to Know About FMLA and Workers’ Compensation

When you’re injured at work and your doctor pulls you off duty, you may find that your employer suddenly designates your leave as FMLA, even though you’re already on Workers’ Compensation. 

FMLA stands for the Family and Medical Leave Act. It’s a U.S. federal law that provides eligible employees with unpaid, job-protected leave for specified family and medical reasons.

Here’s what FMLA typically includes:

Up to 12 weeks of unpaid leave in a 12-month period.

Job protection, the employee must be restored to the same or equivalent position after the leave. 

Continued group health insurance coverage under the same terms as if the employee had not taken leave.

This can be confusing and even alarming for workers as questions like this can arise:

• Do I have to take FMLA?
• Does it hurt my Workers’ Comp case?
• What happens when FMLA runs out?
• Is this good or bad for me?

This article breaks down exactly how concurrent FMLA and Workers’ Compensation leave works, the advantages and disadvantages for you, and what your employer is actually doing behind the scenes.

What Does “Concurrent FMLA and Workers’ Compensation Leave” Mean?

Concurrent leave simply means that FMLA and Workers’ Compensation run at the same time.

Here’s how it usually works:

• Your work comp doctor takes you off work (or gives restrictions your employer can’t accommodate).
• Your employer approves your workers’ comp claim.
• HR simultaneously designates your absence as FMLA leave.

This uses up your 12 weeks of job-protected leave while you are receiving workers’ compensation wage-loss and medical benefits.

Do Employees Have to Take FMLA if They’re on Work Comp?

Yes, if you meet the medical criteria for FMLA, your employer can require that your Workers’ Comp leave be designated as FMLA.

You cannot refuse FMLA to preserve your 12 weeks for later. Workers’ comp injuries almost always qualify, so employers have wide authority to run them concurrently.

Why Employers Want FMLA to Run Concurrently With Workers’ Compensation

1. It prevents “double leave.”
2. It allows the employer to take employment action once FMLA ends.
3. It simplifies HR administration.

Advantages of Concurrent FMLA for Injured Workers

1. It gives guaranteed job protection.
2. You still receive work comp wage benefits.
3. You avoid being pressured to use PTO.
4. Your employer cannot deny your workers’ comp claim just because you take FMLA.

Disadvantages of Concurrent FMLA

1. Your FMLA clock may run out long before you’re healed.
2. You lose flexibility for future family needs.
3. Return-to-work pressure may increase.
4. Confusion about rights is common.

What Happens When FMLA Ends?

When the 12 weeks expire:

• Your workers’ comp benefits continue.
• Your job is no longer federally protected.
• Your employer may take employment action (if not retaliatory).

Should You Worry If Your Employer Runs FMLA and Work Comp Together?

Usually, no. It is standard practice. But understand that FMLA has a strict 12-week limit, so you should plan ahead.

Summary

Concurrent FMLA + Workers’ Compensation is legal, common, and often beneficial, but it has time limits you must understand.

Do you have to take FMLA with Work Comp?

If medically eligible, yes, employers can designate it, and employees cannot refuse it.

Here’s what to do if you have questions: 

Reach out to Dr. Stapleton at StapleComp for a consultation and advice that WILL help your case and help clarify the process. This can make it easier for you to make the right choices and decisions when it comes to your case. Book a Consultation or call 314-252-0523.