Eligibility for FMLA When Covered by Workers' Compensation
Employees who qualify for FMLA—working for a covered employer, having at least 1,250 hours in the prior 12 months, and employed for 12 months—retain those rights even if they are also receiving workers' compensation for a job‑related injury or illness. The two programs serve different purposes: FMLA protects job status and provides unpaid leave, while workers' compensation provides wage replacement and medical benefits.
More from this site
Keep reading the latest coverage
When FMLA Leave Is Required
FMLA must be granted if the employee's injury or illness meets the definition of a serious health condition and the employee needs time off for treatment, recovery, or related medical appointments. The leave can be taken intermittently or on a reduced schedule if the healthcare provider certifies the need.
Coordination of Benefits
Employers must track both benefits separately. Workers' compensation may cover a portion of wages, but it does not replace the employee's right to return to the same or an equivalent position after FMLA leave. If the employee exhausts FMLA entitlement, additional leave may be covered under state disability or other policies, but the employer cannot deny FMLA because workers' compensation is being paid.
Employer Responsibilities
When an employee requests FMLA while on workers' compensation, the employer must:
- Notify the employee of FMLA rights and obligations.
- Provide the standard 12‑day notice period for medical certification.
- Maintain health‑insurance coverage under the same terms as before the leave.
- Track leave usage to ensure the 12‑week entitlement is not exceeded.
Common Scenarios
Full‑time injury with extended recovery
An employee injured on the job may receive workers' compensation for medical costs and a portion of lost wages, but if the recovery period exceeds the compensation benefit period, the employee can invoke FMLA for up to 12 weeks of unpaid leave to protect their job.
Intermittent medical appointments
When treatment requires frequent visits, the employee can take intermittent FMLA leave, allowing them to work around the schedule without losing pay beyond the workers' compensation wage replacement.
Impact on State Disability and Other Leave
FMLA is a federal baseline; many states have parallel leave laws that may extend coverage. Once FMLA is exhausted, employees may be eligible for state disability benefits, but the employer must still honor the FMLA provision that the job (or an equivalent one) be reinstated.
Key Takeaways
FMLA is not waived by workers' compensation. Eligibility hinges on hours and tenure, not on the existence of a workers' compensation claim. Employers must provide the statutory notice, maintain benefits, and track leave separately, ensuring the employee's job protection remains intact throughout the recovery period.