The Family Medical Leave Act (FMLA) and workers’ compensation are two different programs that are available to eligible employees. Both programs are necessary but there are a variety of differences between them.
FMLA was established in 1993 by federal law and allows eligible employees to take up to 12 weeks of unpaid leave during a 12 month period to handle qualifying medical and family issues. Workers’ compensation is to ensure you receive pay while you are out of work due to an injury obtained on the job.
Below are the main differences between the two programs:
- Workers’ compensation is mandated at the state level and FMLA at the federal level.
- Workers’ compensation can only be received if you, the employee, are injured; whereas FMLA can be for you to take care of yourself or a family member that may be ill or experiencing other medical issues.
- FMLA guarantees your job and health benefits while you are on leave but it is unpaid. Workers’ compensation is a paid insurance that is available to you if you qualify due to an injury received at work.
- FMLA eligibility is determined by the length of time that you have been employed by a company. Your employer must also meet minimum standards. Workers’ compensation is not guided by these standards.
If you are having any issues regarding FMLA or workers’ compensation and your employer is not assisting you in these situations, you may need to contact an experienced workers’ compensation attorney.