You’ve probably heard coworkers or friends say things like “I got FMLA” or “My doctor gave me FMLA” when they’re dealing with a work injury or health issue. But here’s the thing, that’s not really how FMLA works, and the confusion around this phrase can lead to some pretty big misunderstandings, especially when you’re dealing with a workers’ compensation claim here in California.
I’ve been practicing workers’ compensation law in Orange County for years, and I can’t tell you how many times clients come in thinking FMLA is some kind of benefit they receive. Let me set the record straight.
So What Actually Is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that gives you the right to take unpaid time off work without losing your job. Here in California, we also have our own version called the California Family Rights Act (CFRA), which works pretty much the same way.
If you qualify, you can take up to 12 weeks of protected leave in a year for things like:
- Recovering from a serious illness or injury
- Taking care of a sick family member
- Bonding with a new baby
- Dealing with military family emergencies
To be eligible, you typically need to have worked for your current employer for at least a year and put in at least 1,250 hours during that time.
Wait, Isn’t That the Same as Workers’ Comp?
This is where people get confused all the time. FMLA and workers’ compensation are completely different animals, even though they can (and do!) work together.
Workers’ compensation is there to pay for your medical bills and replace some of your lost wages when you get hurt on the job. FMLA, on the other hand, is just there to make sure you still have a job to come back to.
Here’s where it gets tricky: if your work injury is serious enough, your employer might run your FMLA time alongside your workers’ comp leave. So you could technically be “on FMLA” and “on workers’ comp” at the same time, but only workers’ comp is actually putting money in your pocket.
You Don’t Actually “Get” FMLA
This is the big misconception I want to clear up. When people say they “got FMLA,” they’re not getting anything tangible like a check or a settlement. There’s no FMLA fairy dropping off benefits at your door. If only…
What you’re really getting is legal protection. Your employer can’t just fire you because you need time off for a qualifying medical reason. That’s it. No money, no benefits—just the promise that your job will be there when you’re ready to come back (assuming you meet all the requirements).
Why This Matters for Your Workers’ Comp Case
If you’re dealing with a workers’ compensation claim in California, FMLA or CFRA might give you some extra breathing room—but only if you qualify and your employer is big enough (usually 50 or more employees).
California does have laws that protect you from getting fired just for filing a workers’ comp claim, but that protection isn’t unlimited. FMLA can help buy you more time if your recovery is taking longer than expected, which honestly happens more often than people think.
The Bottom Line
When you’re hurt and trying to figure out workers’ comp, disability, FMLA, and everything else, it feels like you need a law degree just to understand your rights.
Just remember: FMLA protects your job, workers’ comp pays your bills, and sometimes you might be lucky enough to have both working in your favor.
If you’re feeling overwhelmed trying to sort through all this, and trust me, most people are, that’s exactly why I’m here. As someone who’s spent years helping Orange County workers navigate these exact situations, I can help you figure out what applies to your case and make sure you’re not leaving anything on the table.
Dealing with a work injury and confused about your rights? Give Ryan D. Kayrell, PC a call. I offer free consultations because I believe everyone deserves to understand their options without worrying about legal fees upfront.