Difference Between FMLA And Workers Compensation

FMLA vs Workers Compensation

FMLA stands for Family and Medical Leave Act while Workers Compensation is the compensation provided to the worker in case of on the job injury or disability.

FMLA is a federal act that was passed in 1993 and applies to the entire United States of America. This act provides an ‘eligible’ employee be entitled to a minimum of 12 weeks of unpaid leave in a 12 month period. Workers Compensation is covered under the federal employees’ compensation act. This act only covers the federal government workers leaving the state governments to have their own laws. Most state governments follow laws similar to the federal law. Injured workers may be entitled to up to 6 months of pay under this benefit.

While the FMLA guarantees the ‘eligible’ employees unpaid leave to attend to serious medical illness of self, spouse, child or parent, to care for the newborn, any other family exigencies. The federal law for workers compensation provides for the reimbursement of the medical expenses incurred, two thirds of the salary normally drawn and compensation to the next of kin in case the worker dies in an accident. The workers compensation is only for the worker injured on the job and not applicable in case of injury to family members.
While the FMLA is a federal law and needs to be implemented by all the states as it is, the Workers Compensation is implemented by the states and may be done as per the state requirements. The compensation packages may vary from state to state as the states bear the cost of this through insurance or other means.

The other difference is that FMLA only covers employers with a minimum of 50 employees, however, the workers compensation has no such restriction.

The FMLA restrains the employer from taking any retaliatory action against the employee using the FMLA. The workers compensation acceptance on the other hand restrains the employee from filing of a legal suit or litigation against the employer or co-workers.

Summary
1.FMLA stands for Family and Medical Leave Act while Workers Compensation is the compensation provide to the worker in case of on the job injury or disability.
2.FMLA is a federal act and is mandatory for all eligible employers to honor it while Workers Compensation is a state’s subject and may be implemented as per their own requirements.
3.While FMLA guarantees the employee unpaid leave of 12 weeks over a 12 month period, the Workers Compensation may provide up to 6 months of pay for the injured.
4.While the FMLA only covers employers with more than 50 employees, the Workers Compensation applies to all employees participating.

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