If you got hurt on the job in Hershey, Pennsylvania, you might be wondering about the workers’ compensation system and the Family and Medical Leave Act (FMLA). Workers’ comp provides certain benefits to employees injured at work, while the FMLA protects eligible workers from being fired while taking time off for a covered event. But can you use both protections simultaneously?
What Is FMLA?
The FMLA is a federal law that allows employees to take up to 12 weeks of unpaid leave for qualifying family-related or medical reasons. These reasons include serious health conditions, childbirth, adopting or fostering a child, or caring for a sick family member. Employers do not have to compensate employees during their 12-week FMLA break periods. However, they must keep employees’ jobs open and maintain employee health insurance benefits the entire time.
To qualify, you must:
- Have worked for your employer for at least 12 months and have contributed 1,250 hours of service
- Work for an employer that has 50 employees within a 75-mile radius
What Is the Difference Between FMLA and Workers’ Comp?
While the FMLA is a federal law that applies to all qualifying U.S. employees, workers’ compensation is a state-run insurance program that only covers certain employees in particular circumstances. Workers’ compensation benefits pay for medical expenses and a portion of lost wages when an eligible employee gets sick or hurt while performing job-related duties. In exchange for the protection of workers’ comp insurance provided by employers, covered employees generally give up the right to sue their employers for work injuries.
The FMLA only provides job security when an employee cannot work. It does not cover medical expenses, make up for lost wages, or provide any other compensation.
Can I Qualify for Both Workers’ Comp and FMLA?
It’s possible to qualify for workers’ compensation benefits and FMLA leaves at the same time. State workers’ comp systems and federal FMLA laws are separate programs that operate independently, so your eligibility for one type of protection does not affect your eligibility for the other.
How Workers’ Compensation and FMLA Overlap
If you suffer a serious work-related injury or illness, you could be eligible to take time off from work while you recover. If you meet the criteria, your time off – and, crucially, your position at the company – should be protected under the FMLA. And if you are also eligible for workers’ compensation, you could draw benefits while taking leave that counts toward your FMLA entitlement.
Sometimes, your employer might require you to use your accrued paid time off (PTO), such as sick or vacation days, during your FMLA leave period. But your paid leave should not affect the value of your workers’ comp benefits.
Contact Our Experienced Workers’ Comp Attorneys in Hershey, PA
The specifics of your situation will determine how workers’ compensation and FMLA leave entitlements in Pennsylvania overlap for you. It’s always a good idea to consult with an experienced workers’ compensation lawyer if you have to miss work due to a serious medical condition. Contact the Hershey workers’ comp attorneys at Calhoon & Kaminsky P.C. today to learn more in a free initial case review.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
