What You Need To Know About Workers Comp and FMLA

What You Need To Know About Workers Comp and FMLA

Workers Comp and FMLA

Both workers’ compensation insurance and the Family Medical Leave Act offer protections and benefits for workers who are unable to perform their jobs for medical reasons. While they are similar, there are some major differences between the two. Because of that, some situations may dictate that they are used together. It is important for employees to know when employers can and cannot mandate that FMLA and workers comp run concurrently.

Why Would Someone Seek FMLA Protections?

The Family Medical Leave Act provides employees with up to 12 weeks of unpaid leave for certain medical conditions and family obligations. Employers must accept workers back after the 12 week period, either to their original position or a comparable one. If someone is going to be out of work due to a covered condition, then they might apply to use FMLA leave in order to protect their original position within a company.

Is Worker’s Compensation a Better Option?

When an employee is injured on they may also be eligible for benefits paid through workers’ compensation insurance. That coverage replaces lost wages as well as pays for medical expenses related to the injury. Employers should not discourage employees from filing a worker’s compensation claim. However, in some situations, they can require that FMLA and workers comp run concurrently. Since workers comp does not confer job protection, those employees may need to return to a different position once they are ready to return to work.

Workers’ comp insurance is a valuable tool for both businesses and workers. Managers should work with employees to develop fair policies for their implementation.