There is a lot of confusion around the Family and Medical Leave Act (FMLA) and workers’ compensation, as our clients often wonder if FMLA runs concurrently with workers’ compensation benefits. If you’ve been injured on the job, you’ve probably had similar questions, too. In short, you can receive both FMLA and workers’ compensation at the same time because they are two separate laws that provide different protections for workers.
FMLA vs. Workers’ Compensation
FMLA is a federal benefit that provides up to twelve weeks of unpaid, job-protected leave in a 12-month period for certain medical and family reasons. To qualify, you must suffer from a serious medical condition that renders you unable to perform the essential functions of your job. All public and private employers with 50 or more employees in a 75-mile radius must allow eligible employees to use this benefit.
Workers’ compensation laws in New York offer benefits for lost wages, medical costs, and other related expenses for those with qualified workplace injuries. Since this is a state law administered by the state’s Workers’ Compensation Board, while an employer cannot fire you specifically for filing a workers’ compensation claim, there is no obligation for an employer to hold your job open while you recover from an injury, either.
If your workplace injury prevents you from working, you should file for both FMLA and workers’ compensation. While FMLA won’t provide you with any cash benefits, it will ensure your job is projected for up to 12 weeks. If you only file for workers’ compensation and your claim is accepted, you will receive cash benefits but will have no guarantee that your job will still be available if and when you start working again.
What Is PFL?
Paid Family Leave (PFL) is sometimes confused with FMLA. PFL is a state policy in New York that provides paid benefits to workers who require time away from work to care for a family member with a serious health condition or bond with a newborn or newly adopted or fostered child. It cannot be taken for personal health reasons and is therefore not an option for those trying to get workers’ compensation benefits.
When to Speak With a Workers’ Compensation Attorney
If you’ve been injured on the job and think you might be eligible for workers’ compensation or other employee protections, contact Lewis & Lewis. Our attorneys are here to answer any questions you have, review your case, and help you get all the benefits you are entitled to. Get in touch with us today to schedule a consultation.
