Do I Have to Use FMLA While on Workers’ Comp

Personal Injury Lawyers / Workers Compensation Lawyer / Do I Have to Use FMLA While on Workers’ Comp

In the days following a work injury, your employer will likely bombard you with paperwork, whether it is an incident report, information for a workers’ compensation claim, or paperwork for a Family Medical Leave of Absence (FMLA).  You might be wondering, “Do I have to use FMLA while on workers’ comp?” “Am I required to use all of my options simultaneously? Or can I use workers’ compensation without exhausting PTO or FMLA benefits?” These are important questions and the answers depend on countless factors that may be best discussed with a Munley Law Pennsylvania workers’ compensation lawyer.

Are You Required to Use FMLA to Gain Access to Workers’ Compensation Benefits?

One common misconception regarding FMLA and workers’ compensation is that injured workers are required to use their PTO and FMLA before they can access workers’ compensation benefits. This is untrue, and it’s likely illegal if your employer is leading you to believe this to be the case. 

Can You Utilize Workers’ Compensation and FMLA Protections Concurrently or Separately in PA?

Workers’ compensation insurance is a separate program from the Family Medical Leave Act. While they often overlap, they provide different protections for Pennsylvania workers under varying circumstances. For example, FMLA may apply to the injury you sustained at work, but you would not qualify for workers’ compensation after the birth or adoption of a child. 

If you are collecting benefits from workers’ compensation, your injuries may not be such that you are out of work for an extended period, and therefore, you may not need to utilize FMLA. If your injuries allow you to return to work quickly, but require ongoing care or appointments, you may choose to use FMLA to cover time for those appointments. This may mean regular half days or only working 4 days a week to accommodate the required therapies or treatments. However, in many cases, you may have the same ability under your workers’ compensation policy. When injuries require you to stay out of work for a prolonged period, many workers will opt to utilize FMLA concurrently with Workers’ compensation, so they know they have a job to return to. 

Why Would Your Employer Choose to Run FMLA While You Are Out of Work After a Work Injury? 

While you are not required to utilize FMLA to collect workers’ compensation benefits, your employer may require you to utilize them concurrently to protect your position if you are unable to return to work for more than a couple of weeks. They may also require you to use FMLA if they are unable to reasonably accommodate work restrictions or adjustments you may require due to your injuries. 

Your employer cannot require you to take unpaid leave, but if your work injury qualifies as a serious health condition according to FMLA, they may decide to require the leave to run concurrently. However, before they do this, they should provide notice. 

What Is the Workers’ Compensation Act in Pennsylvania?

There are many misconceptions surrounding workers’ compensation, including what it is and what it covers. The Commonwealth of Pennsylvania enacted the Workers’ Compensation Act in 1915 as required by the United States Department of Labor. While workers’ compensation programs are federally mandated, each state implements its own policies. Over time, the Pennsylvania Workers’ Compensation Act was amended to include occupational diseases in addition to work injuries. 

Workers’ compensation is designed to provide financial support to workers who sustain job-related injuries. The no-fault structure provides a helpful way for employees to receive financial support and have their needs met promptly. Because a workers’ compensation claim only needs evidence that an accident occurred, and not that either party is responsible, it can protect employers by minimizing lawsuits.  

Eligibility

Most Pennsylvania employers are required to provide workers’ compensation insurance. Although smaller businesses may be exempt, or those in occupations whose workers are covered by other protections, such as railroad workers or seasonal employees working fewer than 30 days or earning less than $1,200 per year from a single employer. 

Wage Loss Benefits 

According to the Commonwealth of Pennsylvania Department of Labor and Industry, injured workers may be entitled to up to two-thirds of their average weekly wage, with a maximum of $1,347.00 per week. 

What Is the Family Medical Leave Act? 

The Family Medical Leave Act is a federal piece of legislation that protects workers who need to take a leave of absence due to medical needs, illnesses, or caregiving duties. Unlike workers’ compensation, which is available to almost all workers as soon as they are employed and has few requirements to gain access, FMLA requires the worker to meet specific criteria before they can use the benefit:

• You must work for a covered employer
• Have 1,250 hours worked during the previous 12 months prior to the start of leave 
• You must have worked for your employer for 12 months. Though these 12 months are not required to be consecutive, it typically only goes back about 7 years

According to the Department of Labor, if you meet the above criteria, FMLA allows you to take up to 12 work weeks of leave in a 12-month period. FMLA makes sure you have a job to return to, but the leave is unpaid.

Why Would Your Employer Require You to Use FMLA to Hold Your Position While You Recover from a Work Injury?

Some workers’ compensation claims will not require you to miss a significant amount of time from work. For example, if you sustained a more common workplace injury like a nasty cut from a power tool required for your job, you may have to receive stitches and need to rest for a couple of days before you can return to work. For a minor injury like this, you may still file a claim through workers’ compensation so that the medical costs are covered. You may also be eligible to recover a portion of your wages for the work you missed due to the injury. 

Suppose your injury does not severely limit you but requires ongoing intervention such as physical therapy. In that case, you may utilize FMLA benefits to protect your position while you work reduced hours or take on a more flexible schedule to accommodate your treatment needs. 

However, suppose you have sustained a more significant injury, like an amputated body part or a significant head injury. In that case, you may be facing weeks or months of recovery time before you can return to work. At times like this, your employer may require you to utilize FMLA benefits to keep your position open and ready for your return. 

How Would You Benefit from Utilizing FMLA and Workers’ Compensation Benefits to Support Yourself After a Workplace Injury? 

There are many circumstances in which it may not be advisable to use FMLA after a work-related injury. However, if you think you will need significant accommodations to return to work, if you will miss more than a couple of weeks, or even if you are uncertain whether you will be able to return, it may be beneficial to utilize FMLA. 

Aside from the benefit of job security when an employee is out on FMLA, one of the other significant benefits is that you retain your employer-provided benefits package. FMLA allows you to take a leave of absence from your job while keeping benefits like life and health insurance coverage for yourself and your family if they are included in your policy. 

How Does Choosing FMLA and Workers’ Comp Impact Job Security? 

A critical difference between the FMLA and workers’ compensation is that WC is specifically meant to provide some financial stability after an injury. Depending on the circumstances, WC benefits can include coverage for medical payments, compensation for missed wages, and short-term disability while you are recovering. In most cases, you will not lose workers’ compensation benefits if you do not return to your job while recovering, but your employer is not necessarily required to keep your position while you are out. 

Contrastingly, FMLA does not offer financial support, but holds your position and employment benefits while you recover. The lack of job security, combined with workers’ compensation, is a reason that many injured workers may choose to utilize both forms of leave while recovering. While your employer is not required to hold your position while you are out through workers’ compensation, it is illegal for them to terminate you for filing a workers’ compensation claim. 

Do Workers’ Compensation Benefits Last Longer than FMLA?

While you try to determine the best option for your recovery, it is important to consider the expected timeline and to be aware of how long you will be out. Workers’ compensation payments for short-term disability can continue for a much longer period than the 12 weeks covered by FMLA. This means that if you have sustained an injury, leaving you partially or fully disabled for more than 12 weeks, you may need to consider your options should your employer terminate you from your position. 

Munley Law Is Here to Help with Your Workers’ Compensation Claim 

Workers’ comp paperwork can seem like a never-ending nightmare on the best days. The workers’ compensation attorneys at Munley Law are here to help. You do not have to use FMLA to use your workers’ compensation benefits. Our team is here to discuss your situation and determine which of our services is most suitable for you. Contact us by phone or online today to schedule a free case consultation.