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Do FMLA and workers’ compensation benefits run concurrently?

Friday, January 14, 2022

When a workplace injury occurs, Ohio employers often wonder if Family and Medical Leave Act (FMLA) leave runs concurrently with workers’ compensation benefits. The short answer is: maybe.

An understanding of the two laws is necessary to make this determination.

FMLA
FMLA is a federal law that provides eligible employees up to 12 weeks of unpaid leave for serious health conditions that make them unable to perform their jobs. FMLA applies to:

Covered employers: a private employer that has 50 or more employees over 20 or more weeks in the calendar year (note: a public or private elementary or secondary school is a covered employer, regardless of the number of employees)
Eligible employees: an employee that has worked for a covered employer for at least 1,250 hours in the 12 months immediately before the requested leave, and within 75 miles of the employer’s main office

Ohio workers’ compensation
Workers’ compensation is an Ohio law that provides medical and compensation benefits to employees who are injured on the job. Workers’ compensation applies to:

Employers with one or more employee
Employees who sustain an injury that arises out of, and in the course of, their employment

Employers can apply for workers’ compensation coverage through the Ohio Bureau of Workers’ Compensation.

Concurrent FMLA and workers’ compensation
FMLA may run concurrently with Ohio workers’ compensation benefits where the above criteria have been met, and the workers’ compensation injury qualifies as a “serious health condition” under FMLA. A “serious health condition” includes any injury, impairment or physical condition that involves inpatient care in a hospital, hospice or residential medical care facility, or continuing treatment by a health care provider.

Employers have a responsibility to ensure FMLA and workers’ compensation benefits are applied properly.

This is for informational purposes only. It is not intended to be legal advice and does not create or imply an attorney-client relationship.

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