The workers’ compensation system is designed to provide employees with wage replacement and medical care, but does not provide injured employees with job protection. However, there are other laws that may apply to injured employees, particularly those employees who are unable to return to work. The two most common are the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). This article discusses how these laws can overlap with workers’ compensation, and how employers and their counsel can minimize the risk of liability.

Workers’ Compensation and the FMLA

The FMLA mandates 12 weeks of job-protected, unpaid leave in a 12-month period for a variety of reasons, including an employee’s own serious health condition. The FMLA applies to employers with 50 or more employees. Employees are eligible to take FMLA leave if they have been employed for 12 months and have worked at least 1,250 hours in the past 12 months.