The Family and Medical Leave Act (FMLA) is not a type of workers' compensation; it provides unpaid job‑protected leave for qualifying medical and family reasons, while workers' compensation offers wage‑replacement benefits for injuries that occur on the job.
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Purpose and Scope
FMLA is a federal leave entitlement aimed at allowing employees to attend to serious health conditions, care for family members, or bond with a newborn. Workers' compensation is a state‑run insurance system that compensates employees for medical expenses and lost wages when a work‑related injury or illness occurs.
Eligibility Requirements
To use FMLA, an employee must have worked for a covered employer for at least 12 months and 1,250 hours in the prior year, and the reason for leave must meet FMLA definitions. Workers' compensation eligibility is triggered by a work‑related injury or occupational disease, regardless of tenure, though some states require a minimum employment period.
Benefits Provided
FMLA guarantees job restoration and continuation of group health coverage but does not pay wages. Workers' compensation typically covers medical treatment, rehabilitation, and a portion of lost wages, often 60‑80% of the employee's average earnings, and may include disability benefits.
Interaction Between the Two
When an employee's condition qualifies for both programs, they can receive workers' compensation benefits while on FMLA leave, but the wage‑replacement portion of workers' comp may offset any paid leave the employer provides.
Key Takeaway
FMLA and workers' compensation serve distinct legal functions; FMLA protects job continuity for personal or family health needs, whereas workers' compensation addresses the financial impact of workplace injuries.