Your Rights Under the FMLA After a Work-Related Injury

After a job-related injury, many workers focus on medical treatment and workers’ compensation benefits, but may not realize they also have protections under the Family and Medical Leave Act (FMLA). For eligible employees, FMLA provides job protection during time off for serious health conditions, including those caused by workplace injuries.

Understanding how FMLA works alongside workers’ compensation helps protect both your job and your legal rights while you recover.

What Is the FMLA?

The Family and Medical Leave Act is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons. One of those reasons is a serious health condition that makes the employee unable to perform their job.

A work-related injury that requires time off, surgery, physical therapy, or other ongoing care often qualifies as a serious health condition under FMLA.

FMLA Eligibility Requirements

To qualify for FMLA leave, you must:

• Work for a private employer with 50 or more employees (within 75 miles), or a public agency
• Have worked at least 12 months for the employer
• Have worked at least 1,250 hours during the 12 months before the leave

If you meet these criteria, you can request FMLA leave even if you are already receiving workers’ compensation benefits.

How FMLA and Workers’ Compensation Work Together

FMLA leave and workers’ compensation leave can run at the same time if the injury qualifies under both laws. Here is how they overlap:

• Workers’ compensation pays wage replacement and medical treatment for job-related injuries
• FMLA provides job protection while you are away from work due to a serious health condition

While FMLA leave is unpaid, workers’ compensation benefits may continue during the same period. If you recover and are cleared to return to work within the 12-week FMLA window, your employer must reinstate you to your prior position or an equivalent one.

What Happens When FMLA Runs Out?

If you are still unable to return to work after your 12 weeks of FMLA leave expire, your job may no longer be protected under that law. However, you may still have protections under:

• The Americans with Disabilities Act (ADA)
• California’s Fair Employment and Housing Act (FEHA)
• State-specific leave laws such as the California Family Rights Act (CFRA)

These laws may require your employer to consider further leave or other accommodations, especially if you are recovering from a disability caused by the injury.

Can You Be Fired While on FMLA Leave?

An employer cannot legally fire you because you took FMLA leave. However, you can be terminated for unrelated, legitimate business reasons, such as company-wide layoffs or if your job would have ended regardless of the leave.

If your employer retaliates or terminates you for taking FMLA leave tied to a work injury, you may have legal grounds for a claim.

Get Help Navigating FMLA and Workers’ Compensation

If you are unsure how FMLA applies to your work injury, or if your employer is refusing to honor your leave rights, legal guidance can help. The Law Offices of Norman J. Homen helps injured workers across California protect their jobs, understand their rights, and secure the benefits they may be entitled to under both state and federal law. Contact us today for a free consultation.