FMLA and workers comp together is a combination many injured workers run into without warning. You get hurt on the job. You file a workers’ compensation claim. Then a letter shows up from HR saying your Family and Medical Leave Act (FMLA) leave has started. That letter can be confusing and a little scary.
In most cases, it is not bad news. These two programs do different jobs. Workers’ comp pays part of your lost wages and your medical bills. FMLA protects your job while you heal. Understanding how they work side by side helps you protect both your paycheck and your position at work.
What each program actually does for you
Workers’ compensation is a state insurance system. It pays your authorized medical treatment for a work injury. It also pays wage replacement, usually called TTD (temporary total disability), while your doctor keeps you off work. Most states pay about two-thirds of your average weekly wage. Your average weekly wage, or AWW, is your normal pre-injury earnings, usually averaged over the 52 weeks before the injury.
FMLA is a federal law enforced by the U.S. Department of Labor. It gives eligible workers up to 12 weeks of unpaid, job-protected leave in a 12-month period for a serious health condition. FMLA does not pay you anything. However, it does something workers’ comp does not do: it protects your job and your group health insurance while you are out.
That is the key reason fmla and workers comp together matters so much. One handles money and medical care. The other handles job security. For example, if your employer keeps paying its share of your health premium during FMLA leave, your family stays covered while you recover.
How fmla and workers comp together are counted and paid
Here is the part that surprises people. Your employer is allowed to run fmla and workers comp together at the same time. The Department of Labor calls this running leave “concurrently.” So the same 8 weeks you spend off work on comp can also burn 8 of your 12 FMLA weeks. Your employer must tell you in writing that your leave is being counted as FMLA. Typically, that notice comes on form WH-381.
To be FMLA-eligible, you generally need three things: 12 months with the employer, at least 1,250 hours worked in the 12 months before leave, and a worksite with 50 or more employees within 75 miles. Many injured workers do not meet all three. If you do not qualify, workers’ comp still pays. You just do not get the federal job protection layer.
One more rule helps you. While you are receiving workers’ comp wage checks, your employer cannot force you to burn your accrued paid vacation or sick time for that same period. See DOL Fact Sheet #28 for the full FMLA rules.
| State | Wage replacement rate | Max weekly benefit | Typical report / file deadline |
|---|---|---|---|
| California | Two-thirds of AWW | $1,764.11 (2026) | 30 days to report; 1 year to file |
| New York | Two-thirds of AWW | $1,281.50 (7/1/26–6/30/27) | 30 days to report; 2 years to file |
| Florida | Two-thirds of AWW | $1,358 (eff. 1/1/2026) | 30 days to report; 2 years to file |
| Texas | 70% of AWW (most workers) | $1,135 (2026) | 30 days to report; 1 year to file |
| Federal FMLA | Unpaid | 12 weeks job protection | Notify employer as soon as practicable |
These state maximum weekly amounts change every single year. Always confirm the current figure with your state board before you count on it. You can check New York’s numbers on the NY Workers’ Compensation Board schedule and California’s on the California Department of Industrial Relations site.
Protecting yourself when you use fmla and workers comp together
Report your injury in writing right away. Most states give you 30 days, and missing that window can sink an otherwise strong claim. Ask HR directly whether your absence is being counted as FMLA. Get that answer in writing, and keep a copy of every form.
Track your 12 weeks on a calendar. This matters because fmla and workers comp together do not end at the same time. Your comp benefits can continue for months after your FMLA runs out. Once your 12 weeks are gone, your job is no longer protected by FMLA. However, your state may still protect you against retaliation for filing a claim, and the Americans with Disabilities Act may require your employer to consider a reasonable accommodation.
Keep going with treatment until your doctor says you have reached MMI (maximum medical improvement). MMI means you are as recovered as you are likely to get. At that point the doctor assigns an impairment rating, a percentage describing your permanent loss. That rating drives PPD (permanent partial disability), which is paid in weeks. For example, many state schedules value a hand at roughly 150 to 244 weeks. A 10% hand rating in a 200-week state would be about 20 weeks of benefits.
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
If your case ends in a settlement, you may be offered a compromise and release, a lump sum that closes the claim, sometimes including future medical. Any settlement figure you read online is illustrative only, and every case is different. Because fmla and workers comp together involve both federal and state rules, confirm your specific numbers with your state board and a licensed attorney in your state before signing anything.
Frequently Asked Questions
Can my employer make me use FMLA while I am on workers’ comp?
Yes, in most cases. Employers may run fmla and workers comp together as long as your injury is a serious health condition and they notify you in writing. However, they cannot force you to use accrued paid leave during weeks when comp is paying you.
Do I get paid twice if I use FMLA and workers’ comp at the same time?
No. FMLA leave is unpaid by itself. Your only wage payment typically comes from workers’ comp, at roughly two-thirds of your average weekly wage up to your state’s cap.
What happens after my 12 FMLA weeks run out?
Your workers’ comp medical care and wage benefits can continue. However, your federal job protection ends. As a result, you may want to ask about an ADA accommodation or additional company leave before week 12 arrives.
Not Sure Where You Stand?
If your claim was denied, your benefits stopped, or a settlement offer feels low, it is worth having a workers’ comp attorney look at it. Most give a free consultation and work on contingency — so there is usually nothing upfront.
Advertising — not a referral, endorsement, or legal advice.
Sources & How to Verify
This guide is built from official government and industry sources. Workers’ comp figures, deadlines, and state rules change every year, so always confirm the exact figure with your state board or a licensed attorney:
- Your state workers’ compensation board / division: the first and most authoritative source for your state’s caps, deadlines, and rules.
- U.S. Department of Labor: dol.gov — the directory of state workers’ comp officials.
- NCCI: ncci.com — workers’ comp rating and benefit data.
- Social Security Administration: ssa.gov — SSDI offset and benefit-cap data.
- Insurance Information Institute: iii.org — neutral coverage and claims data.
Verified September 2026. State maximum weekly benefits change every year — if you spot anything outdated, please contact us.
Related Guides
- The Complete Guide to Workers’ Comp Settlements
- Workers’ Comp Settlements by State
- Workers’ Comp Benefits Explained (TTD, PPD, MMI)
- Your Rights at Work — Common Scenarios
- Plain-English Workers’ Comp Glossary
Disclaimer. This page is for general information only and is not legal, medical, or financial advice, and it does not create an attorney-client relationship. Workers Comp Explained is an independent educational resource, not a law firm, insurer, or medical provider. Benefit caps, deadlines, and rules vary by state and change every year, and any settlement figure is an illustration, not a prediction. For your situation, confirm the exact figure and any deadline with your state workers’ compensation board and a licensed attorney before you act.