Getting injured at work can turn your routine upside down.
Along with dealing with doctor visits, recovery, and medical bills, you may also start worrying about your job.
Many employees use workers’ compensation benefits after a workplace injury, and they may also take leave under the Family and Medical Leave Act (FMLA) while they recover.
The tricky part comes when your FMLA leave runs out, but you are still not ready to return to work. This situation can feel confusing and stressful because you may wonder what happens to your job, your benefits, and your legal protections.
In this post, we’ll explain what happens if FMLA is exhausted while on workers comp.
What Happens When FMLA Is Exhausted While You’re Still On Workers’ Comp?
FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave during a 12-month period. Many people use this leave while recovering from a work-related injury because they simply aren’t able to perform their job.
If your recovery takes longer than those 12 weeks, your FMLA leave can expire before your workers’ compensation claim is finished.
Once FMLA ends, the automatic job protection that comes with it also ends.
That doesn’t mean your workers’ compensation case stops. It simply means the two programs are no longer running side by side.
Your situation may look something like this:
- Your workers’ compensation claim continues while you recover.
- Your employer reviews your employment status based on company policies and other employment laws.
- You may still qualify for additional legal protections, including accommodations if your injury meets certain requirements.
Every employer handles these situations a little differently, which is why it’s important to stay in touch with both your employer and your workers’ compensation claims representative.
Also Read: Workers’ Comp Judge Decision
Can Your Employer Fire You After FMLA Runs Out?
Once your FMLA leave expires, your employer is no longer required to hold your exact position under the FMLA.
So in some situations, your employment could legally end if you still can’t return to work.
That said, an employer can’t simply fire someone because they filed a workers’ compensation claim. Most states have laws that prohibit retaliation against employees for using workers’ compensation benefits.
Employers also need to consider other laws before making a termination decision.
If another legal protection applies, they may have to explore additional options instead of ending your employment immediately.
Many employers first look at things like:
- Extra unpaid leave
- Temporary light-duty work
- Reasonable workplace accommodations
- Company leave policies beyond FMLA
The outcome often depends on your medical restrictions, the type of job you have, your employer’s policies, and the laws in your state.
Are You Still Protected Under The ADA?
Yes, The Americans with Disabilities Act (ADA) may protect employees who have a physical or mental impairment that substantially limits one or more major life activities.
It depends on the severity of the condition and how long the limitations are expected to last.
If your injury falls under the ADA, your employer may need to take part in what’s called the interactive process. That’s simply a conversation about finding reasonable ways to help you perform your job.
Reasonable accommodations can include modified duties, adjusted work schedules, specialized equipment, or temporary changes to how certain tasks are completed.
The ADA doesn’t require employers to eliminate essential job duties or create entirely new positions. It also doesn’t require accommodations that would create an undue hardship for the business.
Still, many employees receive additional support through this process after their FMLA leave has ended.
What Happens To Your Workers’ Compensation Benefits?
Your workers’ comp benefits don’t stop just because your FMLA leave has ended.
Workers’ compensation is based on your workplace injury and your eligibility under your state’s workers’ compensation system, not on your FMLA status.
If your claim remains approved, you may continue receiving benefits such as medical treatment, wage replacement benefits, rehabilitation services, or permanent disability benefits if they apply to your situation.
Also Read: How Long Does A Section 32 Settlement Take?
Insurance companies will usually continue monitoring your recovery.
You may be asked to attend follow-up medical appointments, independent medical examinations, or provide updated reports from your treating physician.
Your doctor will continue evaluating your condition and determine when you’re able to return to work, either with restrictions or without them.
Returning To Work After FMLA Is Exhausted
Some people recover fully and return to their regular position, while others need temporary restrictions or a lighter workload before they can handle everything again.
Before you go back, your doctor may release you for full duty or provide work restrictions.
These restrictions could include limits on lifting, standing for long periods, or performing certain physical tasks.
If your employer has work available that fits those restrictions, you may be able to return in a modified role. In some cases, light-duty work is offered until you’re fully recovered.
Other employers simply don’t have suitable positions available, which can make things a little more complicated.
If you believe you’re able to work with reasonable accommodations, don’t be afraid to start that conversation. It may open the door to solutions that work for both you and your employer.
Steps To Take If Your FMLA Leave Is Running Out
If your FMLA leave is close to ending and you are still recovering, do not wait until the last minute to figure out your options.
Also Read: Can Workers Comp People Follow You Around?
Here are some steps you can take:
- Ask your employer about additional leave options or workplace accommodations.
- Keep copies of medical records, work restrictions, and communication with your employer.
- Stay in contact with your doctor and follow your treatment plan.
- Review your workers’ compensation claim status and understand your benefits.
- Consider speaking with an employment or workers’ compensation attorney if you believe your rights are being ignored.
It is also important to respond to employer requests and paperwork on time.
Ignoring messages or missing deadlines can create additional problems during an already difficult situation.
Bottom Line
When FMLA leaves expire while an employee is still on workers’ compensation, the employee loses their federal job-reinstatement protections under FMLA, but their workers’ compensation medical and wage benefits continue.
At this point, employers may legally terminate employment unless extended leave or light-duty work is required as a reasonable accommodation under the ADA or state-specific disability laws.
