FMLA vs Workers Compensation California — What Injured Workers Need to Know

Estimated reading time: 16 minutes

Key Takeaways

• FMLA/CFRA are job-protected, unpaid leave laws; California workers’ compensation pays medical care and wage replacement for work injuries but does not itself guarantee reinstatement. Understanding both together helps you protect income and your job.

• Leaves can run concurrently: if a work injury qualifies as a serious health condition and you’re eligible, an employer may designate your workers’ comp absence as FMLA/CFRA time and must give written notice of that designation.

• FMLA/CFRA usually provide up to 12 weeks in a 12‑month period; temporary disability under workers’ comp lasts while you’re medically unable to work (subject to state limits) and typically pays about two‑thirds of wages.

• Act fast: report your injury, request both workers’ comp and FMLA/CFRA forms, provide medical certifications, and keep copies of all notices; deadlines and documentation drive benefits and job protection.

• If issues arise—like missed designation notices, light‑duty disputes, or retaliation—review your rights and consider obtaining legal guidance tailored to your situation.

Table of Contents

• Introduction

• TL;DR / Quick Summary

• What Are FMLA, CFRA, and California Workers’ Compensation?

• FMLA vs workers compensation California — Key Differences and Overlap

• Deep Dive: Practical Rules and Protections

• Using FMLA while on workers comp

• Job protection during work injury

• FMLA rights injured workers

• Does workers comp count as FMLA?

• Timeframes and deadlines

• Pay, benefits, and accruals while on leave

• Employer obligations & best practices (for HR)

• Common employer/employee mistakes and how to avoid them

• Practical scenarios & mini case studies

• Step-by-step action checklist

• Conclusion

• FAQ

Introduction

FMLA vs workers compensation California is a common question for employees hurt on the job — this guide explains when leaves can run together, who is eligible, and what job protection and pay you can expect, including whether using FMLA while on workers comp is possible. We’ll clarify eligibility, timelines, pay differences, job protection, employer duties, and step-by-step actions you can take today with references to FMLA (DOL) and California workers’ compensation (DIR).

TL;DR / Quick Summary

• Does workers comp count as FMLA? — Not automatically; it can count if the injury meets FMLA’s serious-health-condition test and your employer designates the leave as FMLA (employer must notify in writing). See discussion and sources from LA Workers’ Comp Attorney on concurrency and designation and DOL basics.

• Can I use FMLA while receiving workers’ comp? — Yes, if you meet FMLA eligibility and your injury qualifies; employer can run the leaves concurrently. See LA Workers’ Comp Attorney and KJT Law Group.

• Will I get paid? — FMLA is unpaid; workers’ comp provides wage replacement (temporary disability) that varies in amount and duration. See Myers Law Group and DOL basics.

• Is my job protected? — FMLA/CFRA provide job protection when eligible; workers’ comp alone does not guarantee reinstatement. See Myers Law Group on eligibility and protection and LA Workers’ Comp Attorney.

What Are FMLA, CFRA, and California Workers’ Compensation?

Understanding the basics helps you see how FMLA vs workers compensation California issues fit together. Each program serves a different purpose but may overlap during a work injury.

FMLA (Family and Medical Leave Act) is a federal law that provides eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for a serious health condition, caring for family members, or certain military exigencies. To be eligible, you generally must have worked for the employer for at least 12 months and 1,250 hours in the prior 12 months, and the employer must have 50 or more employees within 75 miles. See the FMLA (DOL) overview and this discussion of interaction with California leave from Myers Law Group.

CFRA (California Family Rights Act) is California’s state leave law offering up to 12 weeks of unpaid, job-protected leave in a 12-month period. Key difference: CFRA applies to employers with 5 or more employees (a much lower threshold than FMLA) and has some broader family definitions. Review the state’s explanation in the EDD CFRA/FMLA FAQ and Myers Law Group.

California workers’ compensation is a no-fault insurance system that provides medical treatment and wage replacement (temporary disability benefits) to employees injured or made ill by work. It generally covers virtually all California employees and starts wage replacement after a short waiting period, though exceptions apply. Learn more from California workers’ compensation (DIR) and how it intersects with FMLA from LA Workers’ Comp Attorney.

If you’re new to California comp, our explainer on California workers’ comp laws and this overview of what benefits workers’ comp covers can help you see how medical care and wage replacement work while you’re off work.

FMLA vs workers compensation California — Key Differences and Overlap

Here’s a concise side-by-side view of how these protections compare and when they can overlap.

Overlap matters because employees often ask: does workers comp count as FMLA? The answer is “not automatically,” but your employer can run leaves together if your injury qualifies and they issue a written designation notice; see explanations by LA Workers’ Comp Attorney and WCAB Defense. For broader context on California treatment and benefits while off work, review our plain-English guide to temporary vs. permanent disability under workers’ comp.

Deep Dive: Practical Rules and Protections

Using FMLA while on workers comp

Yes — you can use FMLA while on workers’ comp if your injury qualifies as a “serious health condition” under FMLA and you meet eligibility; employers frequently designate leaves to run concurrently.

The legal basis is straightforward: if your work injury meets FMLA’s definition and you are eligible, the employer may designate your absence as FMLA and must notify you in writing. See practical explanations of concurrency and the designation duty from LA Workers’ Comp Attorney, KJT Law Group, and WCAB Defense. Federal basics are at FMLA (DOL).

Employee steps (use these lines as written):

1. "Notify your employer promptly of the injury and your intent to take leave (date-stamped or email recommended)."

2. "Request both workers’ comp claim forms and FMLA/CFRA paperwork from HR in writing."

3. "Provide medical certification for FMLA (use the DOL medical certification form when applicable) and the workers’ comp medical reports to the claims administrator and HR."

4. "Ask HR in writing whether your absence will be counted as FMLA/CFRA and request the employer’s written designation notice."

5. "Keep copies of all forms, doctor notes, and correspondence."

FMLA permits intermittent leave when medically necessary, and employers must count only the time actually used against your 12-week entitlement; see DOL guidance. If your employer offers light-duty work, weigh acceptance carefully: light duty can affect both temporary disability benefits and FMLA usage; review cautions in O’Hagan Meyer’s light-duty considerations. For help with initial paperwork, see our quick guide to the DWC‑1 injury form and the workers’ comp claim filing steps.

Job protection during work injury

FMLA/CFRA provide reinstatement rights to the same or an equivalent position when you return within the 12-week entitlement and meet eligibility requirements; see explanations from Myers Law Group. By contrast, workers’ comp alone does not guarantee reinstatement, although you are protected from retaliation for filing a claim; see LA Workers’ Comp Attorney and WCAB Defense.

There are exceptions to reinstatement, such as the FMLA “key employee” exception or legitimate layoffs unrelated to leave. If medically appropriate light-duty work is offered within your restrictions, refusing it may jeopardize benefits and affect your job status; see guidance from O’Hagan Meyer. For broader RTW planning, visit our in-depth guide to the return-to-work process after injury.

• "Send written notice of injury and leave request immediately (email + certified letter if dispute arises)."

• "Obtain and keep medical certifications and doctor's work status notes."

• "Request written confirmation of FMLA/CFRA designation from HR."

• "If offered light duty, get the offer in writing with job duties and hours; consult your doctor before refusing."

• "If terminated or reassigned, save all communications and contact counsel if you suspect unlawful motive."

Experiencing termination concerns? See practical, California-specific guidance in our article on being fired while on workers’ comp and how to address retaliation for filing a claim.

FMLA rights injured workers

Here are the core rights you can invoke under FMLA/CFRA as an injured worker:

• Reinstatement to the same or an equivalent job at the end of FMLA/CFRA leave (eligibility required).

• Continuation of group health insurance on the same terms as if you were working (you may owe your normal premium share).

• Protection from interference or retaliation for taking protected leave.

• Medical privacy: the employer may request only information necessary to establish your entitlement and fitness to return.

• Right to timely eligibility and designation notices, including whether leave will run concurrently with workers’ comp.

These rights coexist with workers’ comp benefits, which pay for work-related medical care and wage loss but do not themselves guarantee job reinstatement. See overviews from Myers Law Group and LA Workers’ Comp Attorney on leave and benefits interaction.

When FMLA/CFRA ends, the analysis may shift to disability accommodation. Under the federal ADA and California’s FEHA, an employer may have to provide reasonable accommodation and must engage in the interactive process. Practical overviews are available from Sedgwick on the ADA–FMLA–comp intersection and Fisher Phillips on the interactive process.

Copyable lines for communicating with HR:

• "Please confirm in writing whether my absence from [date] to [date] will be designated as FMLA/CFRA leave and explain any impact on my benefits."

• "I am requesting continuation of group health coverage under FMLA; please advise how to remain enrolled and pay any employee premiums while I am on leave."

Does workers comp count as FMLA?

No — workers’ comp does not automatically count as FMLA; it may count if the injury qualifies as an FMLA serious health condition and the employer designates the leave as FMLA in writing. See detailed explanations from LA Workers’ Comp Attorney and WCAB Defense.

Scenario A (counts): "Employee breaks leg at work, out 8 weeks; employer designates absence as FMLA — those 8 weeks count against the 12-week FMLA entitlement." See LA Workers’ Comp Attorney.

Scenario B (doesn’t count): "Employee misses 1–2 days for a minor on-the-job injury — typically not a serious health condition; employer would not count that time as FMLA." See WCAB Defense and LA Workers’ Comp Attorney.

Timeframes and deadlines

FMLA and CFRA generally provide up to 12 weeks of job-protected leave in a 12‑month period. Employers may choose among several measurement methods (such as calendar year or rolling 12 months); confirm your employer’s chosen method. See the DOL FMLA overview and summaries by Myers Law Group.

California workers’ comp temporary disability (TD) has a short waiting period (typically 3 days) before wage replacement starts, unless you are hospitalized or off more than 14 days; payments continue while you are medically disabled up to statutory limits. See LA Workers’ Comp Attorney on TD timing. For general claim timing and reporting duties, also review our guide to the workers’ comp time limit to file.

Concurrent designation reduces your remaining FMLA time. Example: If you take 8 weeks of leave that runs concurrently with workers’ comp, you have 4 weeks of FMLA left in that 12‑month period.

Calendar example you can copy:

• If your employer uses Jan 1–Dec 31 as the 12-month period and you take leave Mar 1–Apr 26 (8 weeks) that is designated as FMLA, you have 4 weeks of FMLA remaining through Dec 31 of that year.

Employers must provide the FMLA eligibility/rights notice and, once sufficient information is obtained, a designation notice generally within 5 business days; see DOL FMLA guidance and the designation discussion at LA Workers’ Comp Attorney. If you need a refresher on initial comp steps after injury, visit Steps to take after a workplace injury.

Pay, benefits, and accruals while on leave

FMLA/CFRA leave is unpaid. However, employees can elect—or employers may require—substitution of accrued paid leave (PTO, sick, vacation) under policy and applicable rules, especially when no other wage replacement is paid. The Department of Labor has clarified substitution rules in certain paid-benefit contexts; see the National Law Review summary.

Workers’ compensation provides temporary disability wage replacement (often about two‑thirds of your average wages, subject to caps) and covers medical care for the work injury; see overview from LA Workers’ Comp Attorney. For a deeper look at benefit types, see our article on what workers’ comp benefits cover.

If the absence qualifies as FMLA/CFRA, your employer must maintain group health insurance on the same terms as if you were working; you may need to pay your usual employee premium share. See Myers Law Group and Sedgwick on benefit continuation. Retirement or pension accrual often does not continue during unpaid leave; check your plan documents.

Employer obligations & best practices (for HR)

When an employee reports a work injury and time off, HR should take the following steps to ensure legal compliance and clarity:

1. "Within 5 business days of learning an employee’s leave may be FMLA-qualifying, provide FMLA eligibility notice and a rights & responsibilities packet (DOL form)."

2. "If leave will run concurrently with workers’ comp, issue a written designation notice identifying the dates and amount of FMLA counted."

3. "Track FMLA usage and maintain accurate records; coordinate with the claims administrator for workers’ comp."

4. "Provide CFRA notices when applicable and adhere to California employer-size thresholds (confirm current thresholds before publishing)."

5. "Engage in the ADA/FEHA interactive process for accommodation requests at the end of leave."

Refer to the DOL’s FMLA resources and forms for federal notices, and review accommodation duties in Fisher Phillips’ interactive process guide. Coordination with the workers’ comp team is essential when making and documenting light‑duty offers; see O’Hagan Meyer.

Common employer/employee mistakes and how to avoid them

• Mistake: Failing to designate leave as FMLA when appropriate — Remedy: Issue prompt written designation and keep records. See WCAB Defense on designation and tracking.

• Mistake: Forcing employees to use PTO while receiving workers’ comp temporary disability — Remedy: Follow DOL substitution rules and state guidance. See National Law Review summary.

• Mistake: Miscounting intermittent FMLA leave during workers’ comp absences — Remedy: Use clear tracking systems and HR/claims coordination. See LA Workers’ Comp Attorney.

• Mistake: Not engaging in the ADA/FEHA interactive process after FMLA ends — Remedy: Begin the interactive process and document efforts. See Fisher Phillips.

Practical scenarios & mini case studies

Case A — Minor injury (1–3 days off): An employee strains a wrist, misses two days, and files a workers’ comp claim for medical care. Because the absence is brief and not a “serious health condition,” FMLA/CFRA likely don’t apply; only workers’ comp benefits are in play. The employee should keep doctor’s notes and request any claim correspondence in writing. See LA Workers’ Comp Attorney. Documents to keep: initial injury report (DWC‑1), doctor’s work status, claim administrator letters.

Case B — Serious injury (surgery, months off): An employee needs surgery and will be out 12+ weeks. HR designates FMLA/CFRA to run concurrently with the workers’ comp absence. Health insurance continues on the same terms during FMLA/CFRA, and TD benefits pay a portion of wages. After 12 weeks, FMLA/CFRA job protection may end; the ADA/FEHA interactive process may be needed if restrictions continue. See DOL FMLA basics and LA Workers’ Comp Attorney. Documents: FMLA eligibility/rights notice, designation notice, doctor’s certification, TD payment stubs, benefits continuation notices.

Case C — Light-duty offer refusal dispute: The employer offers light duty consistent with doctor’s restrictions. If the employee refuses without medical justification, TD benefits may be affected and job status could be at risk. The employee should promptly consult the treating physician and confirm whether duties truly fit restrictions; disputes should be documented. See O’Hagan Meyer on light duty and WCAB Defense. Documents: written light‑duty offer with duties/hours, physician notes on restrictions, emails to HR/claims confirming acceptance or reasons for refusal.

Step-by-step action checklist

• Report injury to employer immediately (date-stamped email + keep copy).

• Request workers’ comp claim forms and FMLA/CFRA paperwork in writing.

• Submit medical certification(s) promptly (see DOL FMLA forms and California DIR for comp basics).

• Ask HR in writing whether leave will be designated as FMLA/CFRA and request the notice.

• Keep copies of all correspondence and doctor notes.

• Contact HR or an employment/workers’ comp attorney if designation, benefits, or job rights are unclear or denied.

If you’re unsure about eligibility or coordination of benefits, our tutorials on how to file a workers’ comp claim and avoiding common denial issues offer additional context.

Conclusion

• FMLA/CFRA and workers’ comp are separate programs — they can run together, but one does not automatically equal the other.

• Document everything, request written FMLA/CFRA designation notices, and track your 12-week usage carefully.

• If questions or disputes arise, escalate in writing and consider getting individualized guidance from HR or legal counsel.

With these steps and sources, you can navigate FMLA vs workers compensation California more confidently and protect both your income and your job during recovery.

Legal disclaimer: This information is for informational purposes only and is not legal advice. Laws change and facts matter; consult an attorney or HR professional for advice about your specific situation.

Need help now? Get a free and instant case evaluation by US Work Accident Lawyers. See if your case qualifies within 30-seconds at https://usworkaccidentlawyer.com.

FAQ

Does workers comp count as FMLA?

No — not automatically; it counts only if the injury meets FMLA’s serious-health-condition test and the employer designates the leave as FMLA in writing. See explanations by LA Workers’ Comp Attorney and WCAB Defense.

Can I be fired while on workers’ comp in California?

You cannot be fired for filing a workers’ comp claim, but job protection during work injury is stronger under FMLA/CFRA when you qualify. If termination appears related to your claim or leave, seek case-specific guidance. See LA Workers’ Comp Attorney and Fisher Phillips.

Can I use FMLA while receiving workers’ comp benefits?

Yes, if you meet FMLA eligibility and your injury qualifies as a serious health condition; employers can designate the leaves to run concurrently. See LA Workers’ Comp Attorney and KJT Law Group.

What are my FMLA rights as an injured worker?

Up to 12 weeks of job-protected leave, continuation of group health insurance, and reinstatement to the same or an equivalent job when eligible — with possible ADA/FEHA accommodations after leave if needed. See Myers Law Group, Sedgwick, and Fisher Phillips.