Yes, you can take a leave under the Family and Medical Leave Act (FMLA) while also receiving workers’ compensation, as long as you qualify for both. The FMLA and New Jersey’s workers’ compensation law both offer crucial protections for injured workers. However, they are completely different programs that have different rules for eligibility.
What’s the difference between FMLA and workers’ compensation?
The FMLA provides up to 12 weeks of unpaid, job-protected leave for workers who need to recover from a serious health condition or to care for a family member. The most important aspect about this law is that it guarantees job security to the worker upon return. It also doesn’t require the condition or injury to be work-related for the worker to be eligible for the leave.
Workers’ compensation, on the other hand, is only meant to cover medical expenses for work-related injuries. Unlike FMLA benefits, workers’ comp focuses on financial compensation rather than job protection. If you cannot work due to your injury, this law mandates that your employer’s insurance should cover your medical costs, a portion of your lost wages and even vocational rehabilitation. However, being able to go back to your job after recovering may depend on your employer’s policies and the availability of your position.
When are you allowed to take an FMLA leave?
A work injury that qualifies as a “serious health condition” under FMLA may allow for concurrent leave. This means that you can take a protected leave while also receiving worker’s compensation benefits. You must also:
- Work for a covered employer, meaning they are a public agency, an elementary or secondary school or a private company that employs 50 or more employees for at least 20 workweeks in the current or preceding calendar year
- Have worked 1,250 hours in the past 12 months
- Must be employed at a location with at least 50 employees within 75 miles
Take note that employers must provide the leave option that offers the most significant protection and benefits to the employee. This means they cannot force you to exhaust FMLA benefits if workers’ compensation alone suffices for your situation.
It’s important to make informed decisions about your leave and benefits if you received an injury at work – even more so if you’re facing denied claims or an employer is preventing you from taking a protected leave. Talk to an attorney to explore your rights and options fully.