How to Run FMLA Concurrently with Workers’ Comp

10/23/2025

When an employee gets injured on the job, HR and risk management teams spring into action. A Workers’ Compensation claim is filed, and the focus turns to medical treatment and getting the employee back to work safely.

But what happens when that same workplace injury is also a "serious health condition" under the Family and Medical Leave Act (FMLA)? Suddenly, you’re not just managing a Workers’ Comp claim; you’re navigating the complex intersection of two powerful employment laws. This scenario, known as concurrent leave, requires careful coordination, precise documentation, and a deep understanding of how these laws interact.

For many employers, this overlap is a major source of confusion and compliance risk. Failing to correctly designate FMLA leave, miscommunicating benefit options, or misunderstanding job protection rights can lead to costly legal disputes.

This guide breaks down the process of running FMLA and Workers’ Compensation leave concurrently, providing the clarity and actionable steps your team needs. Effective FMLA compliance training is essential for ensuring your organization handles these situations correctly, protecting both the company and your employees.

Understanding How FMLA and Workers’ Compensation Overlap

At first glance, FMLA and Workers’ Compensation seem to serve different purposes. FMLA provides unpaid, job-protected leave for specific family and medical reasons, while Workers' Comp provides medical and wage replacement benefits for on-the-job injuries. However, their paths cross frequently, creating a web of obligations for employers. Proper FMLA and workers' comp coordination is not just a best practice; it’s a compliance necessity.

Why These Two Laws Often Apply at the Same Time

The overlap occurs when a single event—an occupational injury or illness—triggers eligibility under both legal frameworks. Most workplace injuries that require an employee to miss more than a few days of work will likely meet the FMLA's definition of a "serious health condition."

A serious health condition under FMLA includes any illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care (an overnight stay in a hospital or other medical care facility).
• Continuing treatment by a health care provider, which can cover conditions requiring more than three consecutive calendar days of incapacity plus subsequent treatment.

Examples of overlapping situations:

• A warehouse worker suffers a back injury from lifting a heavy box, requiring surgery and several weeks of recovery. This is a clear Workers' Comp case and also qualifies as a serious health condition under FMLA.
• An office employee develops severe carpal tunnel syndrome from repetitive data entry, needing ongoing physical therapy and possibly time off for treatment. This work-related condition triggers both Workers' Comp and FMLA.
• A lab technician is exposed to a chemical that causes a respiratory illness, resulting in hospitalization. The situation is covered by Workers' Comp and FMLA.

In each case, the employee has rights under both laws simultaneously.

The Employer’s Role in Coordinating Benefits and Leave

When FMLA and Workers’ Comp run concurrently, the employer must apply the provisions of both laws and provide the employee with the greater benefit or protection. This requires a coordinated effort between HR, risk management, and supervisors.

Your primary responsibilities include:

• Tracking leave entitlement correctly: An employee on Workers' Comp leave who is also eligible for FMLA should have that time counted against their 12-week FMLA entitlement. Failure to designate the leave as FMLA means the employee could still claim their full 12 weeks of FMLA leave later for the same or another condition.
• Avoiding duplication of benefits: You must ensure pay and benefits are administered correctly. For instance, an employee may receive Workers' Comp wage replacement benefits while on unpaid FMLA leave. You cannot "double-dip" by requiring them to use paid sick leave if they are already receiving wage replacement, though policies may allow for supplementing the difference.
• Communicating clearly: The employee must understand their rights and obligations under both programs. This includes how their pay will be handled, the status of their health benefits, and their job restoration rights.

Mastering this coordination is a core component of effective HR management

When to Designate Workers’ Comp Leave as FMLA Leave

The most critical step in managing concurrent leave is designating it as FMLA-protected from the outset. As soon as you become aware that a Workers’ Comp injury might qualify as a serious health condition, the clock starts on your FMLA obligations. The FMLA compliance process requires proactive, timely action.

Confirming the Condition Meets the FMLA “Serious Health Condition” Definition

You don’t have to guess whether a Workers' Comp injury qualifies for FMLA. The medical information you receive for the Workers' Comp claim often contains enough detail to make this determination. Review the physician’s notes for information about inpatient care, incapacity for more than three days, or the need for continuing treatment.

While you can use the standard FMLA medical certification form, it’s often unnecessary if the Workers' Comp documentation is sufficient. Be careful not to ask for more medical information than you need. Once you have enough information to see that the condition is FMLA-qualifying, your duty to designate begins.

Providing Proper FMLA Notices to the Employee

Once you determine the leave is FMLA-qualifying, you must provide the employee with the required FMLA notices within five business days. These include:

• Notice of Eligibility: Informs the employee if they are eligible for FMLA leave.
• Rights and Responsibilities Notice: Details the expectations and obligations of the employer and employee.
• Designation Notice: Formally designates the leave as FMLA leave and informs the employee how much time will be counted against their entitlement.

Timing and communication standards are strict. Failing to provide these notices on time can prevent you from counting the absence against the employee’s FMLA leave bank. Avoid retroactive designation mistakes whenever possible. While the Department of Labor (DOL) allows for retroactive designation in some cases, it can cause confusion and legal challenges if not handled carefully and communicated clearly.

Coordinating Leave Tracking Between HR and Risk Management Teams

Silos between departments can be disastrous for concurrent leave management. HR typically manages FMLA, while a risk management or safety team handles Workers' Comp. These teams must work together seamlessly.

Establish a clear process for shared documentation, recordkeeping, and system alignment.

• Communication Protocol: Create a system where the Workers' Comp administrator immediately notifies HR of any injury that could be FMLA-qualifying.
• Centralized Tracking: Use an HRIS or a shared spreadsheet to track FMLA and Workers' Comp leave dates concurrently. This prevents discrepancies in how much leave time has been used.
• Regular Meetings: Hold regular check-in meetings between HR and risk management on all open concurrent leave cases to ensure everyone is on the same page regarding return-to-work status, light-duty offers, and benefit administration.

How to Handle Pay, Benefits, and Light-Duty Work

The interplay between pay, benefits, and work assignments is where concurrent leave gets most complicated. Understanding the rules for FMLA pay benefits, light duty, and income replacement is essential to avoid compliance missteps.

Understanding Income Replacement and Benefit Continuation

FMLA leave is generally unpaid. However, when it runs concurrently with Workers’ Comp, the employee is typically receiving Workers’ Compensation income replacement benefits from the state or your insurance carrier. These benefits are usually a percentage of the employee’s regular wages.

Your policy may allow or require employees to supplement these benefits with their accrued paid time off (e.g., vacation or sick leave) to bring their income closer to 100% of their normal pay. Check your state laws and company policies to ensure this is permissible.

Regarding health insurance, FMLA requires you to maintain the employee’s group health benefits under the same terms as if they were actively working. The employee must continue to pay their portion of the premium. You should coordinate with the employee on how these payments will be made, often through deductions from their Workers' Comp checks or by having them pay the company directly.

Offering Light-Duty Work During Concurrent Leave

A common strategy in Workers’ Comp cases is to offer a temporary light-duty position to get the employee back on the job sooner. However, when FMLA is also in play, the rules change significantly.

During the 12-week FMLA-protected period, an employee has an absolute right to take leave. This means employers can offer but not require an employee to accept a light-duty assignment. If the employee chooses to take leave instead of accepting the light-duty offer, you cannot penalize them or terminate their employment for that refusal. The FMLA light duty rules are clear: the employee’s right to job-protected leave takes precedence.

Accepting a light-duty role is voluntary. If the employee does accept it, they are no longer on FMLA leave, and the FMLA clock stops running. However, their FMLA job restoration rights to their original or an equivalent position remain intact at the end of their recovery.

What Happens if an Employee Refuses Light-Duty Work

This is a critical point of divergence between the two laws. While an employee cannot be forced to take a light-duty job under FMLA, refusing the offer can have consequences for their Workers' Comp benefits.

If an employee refuses a suitable offer of light-duty work, they may forfeit their Workers’ Compensation wage replacement benefits under most state laws. Essentially, the insurance carrier can stop paying them because they have refused available work.

• Impact on Workers’ Comp benefits: The employee may lose their income stream from Workers’ Comp. They would likely retain medical coverage for the injury itself.
• FMLA leave entitlement continues: The employee’s FMLA-protected leave continues. They still have the right to be off work and have their job protected for up to 12 weeks.
• Pay may stop: Because the leave is unpaid under FMLA and the Workers' Comp wage benefits have ceased, the employee may be without pay. At this point, your company policy might require them to use accrued paid leave (vacation, sick time) to receive an income.

Clearly explaining this trade-off in the FMLA designation notice is crucial for transparency. ]

Managing Concurrent Leave for Intermittent or Reduced Schedules

Not all workplace injuries require a full-time absence. Sometimes, an employee may need time off for physical therapy appointments or may only be able to work a few hours a day. This creates an intermittent FMLA leave workers comp scenario that requires meticulous concurrent leave tracking.

Tracking Time Accurately Across Both Programs

When leave is intermittent, you must track it precisely to avoid errors. If an employee misses two hours for a doctor's appointment related to their Workers' Comp injury, that time should be deducted from their FMLA leave entitlement.

Use a system that can track leave in the smallest increment your payroll system uses, but never in increments larger than one hour. This prevents the overlap and double-counting of leave time. For example, if an employee works a four-hour reduced schedule, only the four hours of missed work should be counted against their FMLA total for that day.

Communicating Schedule Adjustments to the Employee

Clear communication is vital. When an employee is on a reduced schedule or taking intermittent leave, ensure they and their manager understand the plan. Provide written documentation of modified duty or intermittent absences, outlining the expected schedule, the duration of the adjustment, and how the time will be tracked. This written record protects both the employee and the employer and prevents misunderstandings down the road.

Maintaining Compliance When the Injury Is Partially Work-Related

In some rare cases, an employee might have a condition that is exacerbated by work but not entirely caused by it. This can complicate whether the leave falls under Workers’ Comp, FMLA, or both. It's important to work with your medical and legal advisors to distinguish between on-the-job and non-work-related medical issues. Document your analysis carefully to justify why a condition is or is not being treated as a concurrent leave situation.

Documentation and Recordkeeping Requirements

Proper documentation is your best defense against compliance challenges. With two sets of laws in play, FMLA documentation requirements become even more critical. Meticulous FMLA compliance recordkeeping protects your organization in the event of a DOL audit or legal dispute.

Maintaining Separate but Coordinated Files

While the leave is coordinated, the files should be kept separate. FMLA and other medical records are confidential and must be stored apart from regular personnel files. Workers’ Compensation claim records also contain sensitive medical information and should be handled with the same level of care.

• HR Files vs. Workers’ Comp Claims Records: HR should maintain the FMLA paperwork, including notices and certification forms. The risk management or safety team should maintain the Workers' Comp claim file.
• Protecting Medical Confidentiality: Access to these files must be strictly limited. Managers and supervisors should only be informed of work restrictions, not the underlying diagnosis or medical details.

Recording Concurrent Leave in HRIS or Payroll Systems

Your internal systems must reflect the concurrent nature of the leave. Ensure that your HRIS, payroll, and timekeeping systems are aligned. If HR codes an absence as FMLA and risk management codes it as Workers' Comp, both departments need to see the full picture. This ensures consistency across departments and prevents an employee from being paid incorrectly or having their leave tracked improperly.

Auditing Concurrent Leave Decisions for Accuracy

Mistakes happen, but audits can catch them before they become major problems. Periodically review your open and closed concurrent leave files. Check that:

• FMLA was designated in a timely manner.
• Notices were sent correctly.
• Leave time was tracked accurately.
• Pay and benefits were administered according to policy and law.

Regular audits can help you identify process gaps and training needs, avoiding errors that trigger DOL or insurance disputes. 

Handling Return-to-Work and Accommodation Issues

When the employee is ready to return, another set of laws may come into play: the Americans with Disabilities Act (ADA). The FMLA return-to-work process must be managed carefully, especially if the employee needs ongoing work restrictions. This is a common area of ADA workers comp overlap.

How ADA Obligations May Extend Beyond FMLA or Workers’ Comp Leave

An employee’s FMLA entitlement is capped at 12 weeks. Workers' Comp benefits may also end if the employee is deemed able to return to work. However, if the workplace injury results in a long-term impairment that substantially limits a major life activity, the employee may be considered a qualified individual with a disability under the ADA.

This means your obligations may not end when FMLA leave is exhausted. The ADA may require you to provide additional unpaid leave as a reasonable accommodation, unless doing so would cause an undue hardship on the organization.

Offering Reasonable Accommodation or Modified Duty Upon Return

Upon returning, the employee’s fitness-for-duty certification may include permanent or long-term restrictions. Under the ADA, you have a duty to engage in an interactive process to determine if a reasonable accommodation can be made. This could include:

• Adjusting work conditions (e.g., providing an ergonomic chair).
• Restructuring job duties.
• Offering a modified or reduced work schedule.

These accommodations must be managed carefully so as not to violate the employee's FMLA rights if they are still within their 12-week entitlement. For example, you must still restore them to their original or an equivalent position.

When to Reassess Job Fitness and Essential Functions

The return-to-work process is the time to verify that the employee can safely perform the essential functions of their job, with or without accommodation. A fitness-for-duty certification from their health care provider is essential. This document should confirm their ability to work and clearly list any restrictions. This is a crucial step for documenting fitness-for-duty certification and safety considerations. 

Common Mistakes When Running FMLA Concurrently with Workers’ Comp

Even with the best intentions, FMLA compliance mistakes are common when managing concurrent leave. Awareness of these pitfalls is the first step toward avoiding them.

Failing to Designate Leave Properly at the Start

The most frequent error is not recognizing that a Workers’ Comp absence is also FMLA-qualifying. This leaves the 12-week FMLA clock open, exposing the company to liability.

Not Communicating the Impact of Light-Duty Offers Clearly

Employees must understand that refusing a light-duty offer is their right under FMLA but may jeopardize their Workers’ Comp wage benefits. Putting this in writing is essential.

Overlooking FMLA’s Job Protection Requirements

Some managers assume that if an employee is out on Workers’ Comp for an extended period, their job is not protected. If the leave is FMLA-concurrent, the employee has job restoration rights for up to 12 weeks.

Mixing Medical Records or Violating Confidentiality Rules

Storing FMLA or Workers’ Comp medical notes in a general personnel file is a serious breach of confidentiality rules under both the ADA and FMLA.

Best Practices for Coordinating FMLA and Workers’ Comp Leave

A proactive and systematic approach is the best way to manage FMLA and workers comp coordination. Strong processes, clear policies, and ongoing training are the pillars of success.

Train HR, Safety, and Risk Teams Together

Get everyone in the same room. When your HR, safety, and risk management teams receive the same HR compliance training, they can develop a unified process for determining concurrent eligibility and managing cases. This eliminates departmental silos and ensures consistent application of the rules.

Communicate Leave Status and Benefits in Writing

Never rely on verbal conversations alone. Provide employees with written notices detailing their leave designation, pay arrangements, benefit continuation, and the consequences of refusing light-duty work. Transparency reduces confusion and complaints.

Review Policy Language for Clear Concurrent Leave Provisions

Does your employee handbook clearly explain how FMLA, Workers’ Comp, and paid leave policies interact? Your policies should explicitly state that FMLA and Workers' Comp will run concurrently and clarify how the use of accrued paid time off, sick leave, or vacation is handled. 

Key Takeaways for HR Teams

Managing the overlap between FMLA and Workers' Comp is a complex but manageable task. This FMLA and workers comp guide can be distilled into a few core principles.

Always Designate FMLA When Applicable

If a Workers’ Comp injury qualifies as a serious health condition, designate it as FMLA leave immediately. This is non-negotiable.

Maintain Clear, Consistent Documentation

From initial notices to return-to-work certifications, document every step. Your records are your proof of compliance.

Train Managers to Handle Light-Duty and Leave Overlap Properly

Supervisors are on the front lines. They need to understand that they cannot pressure an employee to return from FMLA leave or accept a light-duty role.

FMLA Compliance Training Keeps Teams Legally Protected

The laws governing leave and disability are constantly evolving. Ongoing FMLA compliance training ensures your team has the knowledge and tools to navigate these challenges confidently and protect the organization from risk.