FMLA and Workers’ Comp: are they the same and can you receive both?
One of the most common question we get when it comes to Pennsylvania Workers’ Compensation is “What’s the difference between FMLA and Workers’ Comp?“.
While you can receive both FMLA and workers’ compensation benefits at the same time in PA, there are some big differences between the two programs.
To understand the difference between PA Workers’ Comp and FMLA, we need to start with understand them individually.
What is PA Workers’ Compensation?
Pennsylvania workers’ compensation is a type of insurance program, paid for by your employer, which pays injured workers’ benefits when an employee suffers a work injury or has work-related illness.
With PA workers’ comp insurance – injured employees receive medical treatment and are partially compensated for lost wages.
An employer that carries workers’ compensation insurance in Pennsylvania, as is required by Pennsylvania law, is protected from direct lawsuits by injured employees.
The amount you receive for a workers’ compensation claim is based upon your “average weekly wage“. Thus, the amount you receive varies based on your wages.
What is the FMLA?
FMLA is the acronym for “Family & Medical Leave Act“.
The Family & Medical Leave Act is a federal law that requires employers to give and employee up to 12 weeks off during any 12 month period to deal with a serious medical condition, whether it’s a work injury or not.
An employee can also use FMLA leave to care for an immediate family member who is dealing with a serious medical condition.
Unlike PA Workers’ Comp, FMLA leave is unpaid, but any health insurance benefits and employee has before taking the leave must be maintained by the employer meaning – An employer is barred by law from firing or demoting you in retaliation for taking FMLA leave.
Another thing to note is about FMLA: If an employee has short-term disability benefits through their employer, they may be able to receive these benefits while they are on FMLA leave.
What if FMLA and Workers’ Comp overlap?
If you need to take time off to address a serious workplace injury or illness, both workers’ compensation and FMLA might apply, and therefore could overlap.
Workers’ compensation could provide wage loss and medical benefits during your recovery period, depending on the specifics of your case.
At the same time, this leave may count toward your 12-week FMLA limit, but in order for this leave to fall under FMLA, your employer must inform you of this beforehand.
This ensures that, in the possibility of workers’ comp and FMLA overlap, once your PA workers’ compensation leave is approved, your employer cannot later designate that time as FMLA leave without prior notice.
There are lots of programs, laws, and regulations out there meant to protect workers from unfair or unscrupulous employers.
Sometimes they intersect in ways that can be complex and confusing for someone who isn’t an expert.
If you are considering FMLA vs workers’ compensation, our PA workers’ compensation attorney, Joshua B. Goldberg, can help you navigate the legal maze of Pennsylvania workers’ compensation, the FMLA, and other employment laws and personal injury laws to preserve all the rights and benefits to which you are entitled.
The similarities and differences between FMLA and Workers’ Comp
Now that we understand what FMLA and workers’ comp are, we can highlight the main similarities and differences between the two programs.
Similarities between FMLA and Workers’ Comp:
- Both FMLA and workers’ comp provide job protection during health-related absences.
- Both offer financial benefits for employees unable to work due to serious health conditions and injuries.
- Each program has specific eligibility criteria for employee qualification.
Differences between FMLA and Workers’ Comp:
- FMLA covers personal or family health issues/injuries, while workers’ comp applies only to work-related injuries.
- FMLA is unpaid leave, whereas workers’ comp offers replacement for lost wages.
- Workers’ comp can include medical cost coverage, which FMLA does not provide.
Have more questions about FMLA and Workers’ Comp?
Hopefully this blog has given some clarity on the question “What’s the difference between FMLA and Workers’ Comp?”.
If you have questions about your individual case, please reach out as soon as possible and schedule a free consultation with attorney Goldberg.
Pennsylvania workers’ compensation claims have a certain time-frame you have to work around in order to get compensated for your work injury. Things like the 90 day rule and other rules that determine if your claim will be accepted or denied.
That’s why it’s important for you to contact us and schedule your free PA workers’ compensation consultation today, and let us fight for the compensation you deserve!
