Can FMLA and Workers’ Compensation Run Concurrently?

Workers' Compensation

Both the Family Medical Leave Act and workers’ compensation insurance assure fair treatment of employees with medical conditions, but they can be complicated to put into practice. One question many employers have is whether FMLA and workers’ comp run concurrently. Here is an explanation of why using them both at the same time is indeed possible.


FMLA protects an employee’s position when required to take time off for a medical condition or to care for a family member. The employer is not required to pay an employee during this time.

Workers’ Compensation 

Workers’ compensation pays for an employee’s medical bills when injured on the job, and also provides replacement income. The employer must pay a premium for this protection, but in turn receives the benefit of an employee not suing them for damages.

Combination of Coverages

FMLA and workers’ compensation can run concurrently, as long as the employer gives notice of this fact. This situation benefits the employer because the use of FMLA puts a time limit on the period for which the company must hold the employee’s position open.

Interpreting insurance policies can be complicated, especially when it comes to the realm of employee benefits. It is usually a good idea to get professional advice to be certain you are not violating certain laws.

Insurance Risk Advisors