It depends. The FMLA and workers’ compensation serve different purposes. The FMLA provides unpaid job-protected leave, while workers’ compensation provides medical coverage and wage replacement when an employee is out due to a workplace injury.
If the injury qualifies as a serious health condition under the FMLA, you’re a covered employer, and the employee is eligible for FMLA leave, you should provide them with FMLA paperwork – even if they’re receiving workers’ compensation.
You should also review any applicable state or local laws that may offer additional protections or requirements.
This Q&A does not constitute legal advice and does not address state or local law.
Answer from Kyle, PHR
