FMLA vs Workers Compensation California — How FMLA, CFRA and Workers’ Comp Interact and What Injured Employees Must Do

November 5, 2025

Table of Contents

Estimated reading time: 17 minutes

Key Takeaways

FMLA vs workers compensation California: if a work injury meets the “serious health condition” criteria, employers may designate time off to run concurrently with FMLA/CFRA, providing up to 12 weeks of job protection while workers’ comp pays medical care and temporary disability benefits.
Using FMLA while on workers comp is common when eligibility is met and the employer properly designates the leave; workers’ comp alone does not automatically count as FMLA.
After 12 weeks of FMLA/CFRA, job protection can end even if workers’ comp benefits continue; ADA/FEHA may require reasonable accommodation, including additional unpaid leave when reasonable.
Report your injury promptly, file the DWC‑1 claim form, request FMLA/CFRA in writing, and track your leave usage week by week.
Keep copies of designation notices, medical certifications, and wage statements; document return-to-work restrictions and light-duty offers in writing.

FMLA vs workers compensation California: if your workplace injury qualifies as a “serious health condition,” your employer can designate your workers’ comp absence as FMLA/CFRA, which often makes the leave run concurrently and provides up to 12 weeks of federal/state job protection. In plain English, workers’ comp pays for medical care and wage replacement, while FMLA/CFRA protects your job for a limited time. TL;DR:

Using FMLA while on workers comp is usually allowed if you’re eligible.
Does workers comp count as FMLA? Not unless the employer designates it.
When FMLA/CFRA ends, ADA/FEHA may still protect you with reasonable accommodation.

Quick TL;DR

Injured California employees can use FMLA while on workers’ comp if the injury meets the definition of a serious health condition and the employer designates the leave to run concurrently. Workers’ comp does not automatically equal FMLA; it must be designated by the employer. After 12 weeks of FMLA/CFRA, job protection ends, but disability laws like ADA/FEHA may require reasonable accommodation such as additional unpaid leave. These principles are discussed in plain language by California practitioners addressing leave-and-benefits overlap between workers’ comp and FMLA/CFRA, including the Orange County overview and the LA discussion of concurrent FMLA and workers’ comp.

What to do now: Report your injury, file the DWC‑1, ask HR to designate FMLA/CFRA, and track used weeks.
Watch-outs: Confirm employer designation in writing; confirm the 12‑month measurement method; track intermittent time precisely.

Definitions and basics

Define FMLA

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees up to 12 workweeks of unpaid, job‑protected leave in a 12‑month period for a qualifying reason, including the employee’s serious health condition. Employers must maintain group health benefits during the leave under the same terms as if the employee were actively working. See the U.S. Department of Labor’s summary of FMLA rights and employer obligations on the DOL’s FMLA page.

In the FMLA vs workers compensation California context, FMLA rights injured workers often focus on whether a work injury is a serious health condition and whether the employer properly designates leave to run concurrently with workers’ comp.

Define CFRA and PDL

California Family Rights Act (CFRA) is California’s counterpart to FMLA. It provides similar job‑protected leave for an employee’s serious health condition (or to care for certain family members) and often runs concurrently with FMLA when eligibility and reasons overlap. CFRA’s eligibility rules, coverage, and the interplay with workers’ comp are explained in California-focused guides, including an Orange County explainer on workers’ comp and FMLA/CFRA and a GEKLaw medical leave overview.

Pregnancy Disability Leave (PDL) is a California leave specific to pregnancy-related disability. In some situations, PDL may stack with or run alongside FMLA/CFRA, depending on the facts and employer designation. This is distinct from workers’ comp leave, which applies only to work-related injuries and illnesses.

Define Workers’ Compensation

Workers’ compensation is California’s mandatory insurance system for work-related injuries and illnesses. It covers medical care, wage replacement (temporary disability) at roughly two‑thirds of the average weekly wage, and often includes permanent disability and vocational retraining benefits when appropriate. Benefits continue as medically necessary, but workers’ comp does not itself guarantee job reinstatement after statutory leave ends. Practical overviews of the differences with FMLA are available in readable comparisons like the George Lis Law discussion of comp and FMLA and the Anstine comparison of workers’ comp and FMLA.

Typical workers’ comp benefits:
- Medical treatment with no co-pays for accepted claims
- Temporary disability (wage replacement) at about two‑thirds of average weekly wage
- Permanent disability compensation for lasting impairment
- Vocational retraining or supplemental job displacement benefits when needed

Understanding these benefits is key to maintaining job protection during work injury while you manage treatment and recovery.

Scope comparison (plain-English)

FMLA/CFRA: Applies to serious health conditions (work-related or not); time-limited to 12 workweeks in a 12‑month period; provides job protection and continued health coverage.
Workers’ comp: Requires a work-related injury/illness; pays medical and wage replacement beyond 12 weeks as medically necessary; does not itself guarantee job reinstatement after statutory leave.

Eligibility rules

FMLA/CFRA eligibility

Employer size: “Private-sector employers with 50+ employees within 75 miles”
Service: “Employee must have worked 12+ months for the employer.”
Hours: “Employee must have worked at least 1,250 hours in the prior 12 months.”

These are the common thresholds for FMLA eligibility (and similar for CFRA) outlined in practitioner summaries like the GEKLaw medical-leave overview. Public employers and certain safety-sensitive positions may have differences, so employees should confirm specifics with HR or legal counsel. In the FMLA vs workers compensation California context, meeting FMLA/CFRA eligibility helps ensure job protection during work injury leave.

Workers’ comp eligibility

Any employee injured on the job is generally eligible for workers’ comp regardless of employer size.
Report your injury promptly—California expects notice within 30 days to preserve full benefits and prevent disputes. Timeliness guidance appears across California resources and leave/comp overviews, including an Orange County practice note on workers’ comp and FMLA.
Request and complete the DWC‑1 claim form (California’s workers’ comp claim form). You can view the form at the state’s site: DWC‑1 Workers’ Compensation Claim Form.

If you need a refresher on reporting and filing steps, this step-by-step guide to how to file a workers’ comp claim in California explains the process and timing in more detail.

How the laws interact

Here’s the core rule: if your work-related medical absence also qualifies as a “serious health condition,” your employer may designate the time off as both workers’ comp leave and FMLA/CFRA leave at the same time. When the employer designates leave to run concurrently, the absence counts against your 12‑week FMLA/CFRA bank, while workers’ comp continues to pay medical care and temporary disability benefits. California-facing practitioners explain these interactions in practical terms, including the Orange County workers’ comp & FMLA article and the LA discussion of concurrent leave.

When leave can run concurrently

Step-by-step:

Employee is injured at work and reports promptly.
Employee files a DWC‑1 and obtains medical certification describing the condition and expected time off.
Employer provides FMLA/CFRA eligibility and rights-and-responsibilities notice and issues a designation if appropriate.
If criteria are met, days off automatically count toward the 12‑week FMLA/CFRA entitlement while workers’ comp pays benefits.

California practitioners emphasize employer designation as the trigger for concurrency (see both the Orange County and LA resources). Employers typically confirm this with a written notice such as:

“Based on the information provided, your absence beginning [date] is designated as FMLA/CFRA leave and will run concurrently with your workers’ compensation leave. This period will count against your 12‑week FMLA/CFRA entitlement.”

When using FMLA while on workers comp, clear designation and tracking are critical. If you need a primer on differences between comp income benefits and job protection, this helpful comparison by Anstine brings the concepts to life.

Does workers’ comp count as FMLA?

Not automatically. Workers’ comp leave counts as FMLA/CFRA only if you are FMLA/CFRA-eligible and the employer properly designates the time off. If the employer does not designate, the workers’ comp time off may not reduce your FMLA bank. If an employer fails to designate when they should have, they may need to extend the FMLA period or face potential liability, as explained in the Orange County guide and the LA overview. This is one reason employees often ask early, “does workers comp count as FMLA?” and request a written designation.

Intermittent and reduced schedule leave

FMLA permits intermittent leave or reduced schedules when medically necessary, and workers’ comp can similarly authorize intermittent temporary disability payments consistent with medical restrictions. You should count intermittent days/hours toward your 12‑week FMLA entitlement as they occur, and employers should provide periodic written updates showing how much FMLA/CFRA time remains. A plain-language explanation of tracking intermittent leave while receiving comp benefits appears in the George Lis Law overview of FMLA and workers’ comp. Accurate tracking is essential for using FMLA while on workers comp without surprises.

Extended disability beyond 12 weeks

After 12 workweeks of FMLA/CFRA end, job protection under those laws expires—even if workers’ comp benefits for medical care and temporary disability continue. At that point, the ADA (federal) and FEHA (California) may require reasonable accommodation if you have a disability, which can include additional unpaid leave if it is reasonable and does not impose undue hardship. California-focused practitioners highlight this second layer of protection when FMLA/CFRA time runs out (see Orange County’s explanation).

Recommended actions at this stage:

Request a medical re-evaluation to clarify current restrictions and anticipated return-to-work date.
Initiate or continue the interactive process with your employer (document requests and proposed accommodations).
Retain copies of all correspondence and doctor certifications supporting accommodation.

For a deeper dive into accommodation interactions with workers’ comp, see this explainer on ADA vs. Workers’ Comp and how they interact. It supports job protection during work injury after FMLA/CFRA ends.

Job protection during work injury

Reinstatement rights

Under FMLA/CFRA, eligible employees are entitled to be restored to the same or an equivalent position upon return within the 12‑week period. This rule is summarized across multiple California leave and comp guides, including GEKLaw’s medical-leave write-up and the Orange County overview.

Practical steps when approaching return-to-work:

Confirm your exact return date with HR in writing.
Obtain a release with clear limitations from your treating physician.
If light duty is proposed, ask for a written job offer describing tasks and how they fit your restrictions.

For broader context on time away from work under comp, see this readable guide to how long California workers’ comp benefits can last.

When job protection may not apply

Layoff for a legitimate business reason unrelated to the injury.
Position eliminated and no equivalent job exists.
Safety-sensitive positions where the employee cannot perform essential functions even with reasonable accommodation (the employer bears the burden to document essential duties).

If any of these occur, promptly request a written explanation and invoke the interactive process under ADA/FEHA to determine a reasonable accommodation. When in doubt, ask HR for a list of essential job functions and proposed accommodations in writing.

Light-duty offers

If offered reasonable, non‑discriminatory light duty consistent with medical restrictions, refusal may jeopardize workers’ comp benefits and, in some cases, job protections. California practitioners warn that mismatched rejections can trigger wage loss disputes (see Orange County’s discussion).

Sample HR light-duty offer:

Subject: Light-Duty Offer – [Employee Name]Dear [Employee Name],Based on your physician’s current restrictions dated [date], we are offering a temporary light-duty assignment as [job title] beginning [date]. The duties include [list duties], each consistent with your restrictions: [list restrictions]. The schedule will be [hours/days], at [pay rate].Please confirm acceptance in writing by [deadline]. If you have questions or need adjustments as a reasonable accommodation, let us know and provide updated medical documentation.Sincerely,[HR/Manager Name]

Sample employee response if declining due to restrictions:

Subject: Light-Duty Offer – ResponseDear [HR/Manager Name],Thank you for the light-duty offer. My treating physician’s restrictions dated [date] indicate that I cannot [list precise limitations that conflict]. The offered duties [identify duties] exceed those restrictions. I have asked my physician for clarification and will provide updated medical documentation. I remain available to discuss alternative accommodations consistent with my medical restrictions.Sincerely,[Employee Name]

FMLA rights for injured workers

Health benefits continuation

During FMLA/CFRA leave, the employer must maintain group health insurance under the same terms as if you were actively working (you continue paying your portion of premiums). This core obligation is summarized on the DOL’s FMLA page and is echoed in state-focused summaries like GEKLaw’s overview. If you exhaust FMLA/CFRA and do not return to work, COBRA may be an option to continue coverage by paying premiums directly.

Anti‑retaliation and job discipline protections

Employees are protected from retaliation for taking FMLA/CFRA leave or filing workers’ compensation claims. Any adverse action tied to taking leave may be unlawful. Guides discussing the comp and FMLA intersection highlight anti-retaliation protections and best practices if retaliation is suspected (see the high-level overview by ARM Lawyers explaining the overlap and anti-retaliation principles and the plain-English George Lis summary).

What to do if you suspect retaliation: Preserve emails and texts; request HR to confirm reasons for adverse action in writing; ask for the interactive process if you have restrictions; document your performance and accommodation efforts; consider speaking with an attorney to review options.

Practical steps for employees — Actionable how‑to

Below is a straightforward checklist to protect leave and benefits while you recover. When you need a fuller walkthrough, read these California explainers on what to do if you’re injured on the job and how to apply for workers’ comp in California.

Immediately report the injury to your supervisor and ask HR for the workers’ compensation form (DWC‑1). You can view the form here: DWC‑1 Workers’ Compensation Claim Form.
Seek medical treatment and obtain a written doctor’s report that states diagnosis, work restrictions, and estimated time off.
File the DWC‑1 with your employer and keep a dated copy; send a follow-up email confirming submission and attach the form if possible.
Request FMLA/CFRA leave in writing. Use simple language: “I request FMLA/CFRA leave due to my work-related injury beginning on [date]. Attached is my medical certification.”
Track leave usage. Keep a running tally of days and request written designation from your employer showing how much FMLA/CFRA time has been used and remains.
If denied or not designated, ask for written reasons and escalate to HR; if unresolved, contact the California Division of Workers’ Compensation or the U.S. Department of Labor FMLA office, or consult an attorney.

Sample email — Report injury

Subject: Workplace Injury Report and DWC‑1 RequestDear [Supervisor/HR],I was injured at work on [date/time] while [brief description]. I sought medical attention at [clinic/hospital]. Please provide the DWC‑1 claim form and confirm next steps for medical care and wage replacement. I will submit the completed DWC‑1 promptly.Thank you,[Your Name]

Sample email — FMLA/CFRA request

Subject: FMLA/CFRA Request – Work-Related InjuryDear HR,I request FMLA/CFRA leave due to my work-related injury beginning [date]. I have attached my medical certification describing my condition, restrictions, and estimated duration of leave. Please confirm eligibility, rights, and whether my leave will be designated to run concurrently with workers’ compensation.Sincerely,[Your Name]

Sample email — Demand for designation/tracking

Subject: Request for FMLA/CFRA Designation and Usage TrackingDear HR,Please confirm in writing whether my current absence is designated as FMLA/CFRA leave and whether it runs concurrently with my workers’ compensation leave. Also, provide a written accounting of FMLA/CFRA time used and remaining, and the employer’s 12‑month measurement method (calendar, rolling-backward, fixed, etc.).Sincerely,[Your Name]

Medical certification and timing requirements: Employers may request medical certification for FMLA. Work closely with your treating physician to complete the form fully. See the DOL FMLA page for details on timing, content, and follow-up certification rules.

What to do if your employer miscounts or denies FMLA: Request a written explanation; preserve copies of all notices and timesheets; consider filing a complaint with DOL Wage and Hour Division via the FMLA portal; for workers’ comp disputes or benefit problems, review the California Division of Workers’ Compensation resources at CA DWC and consider legal help.

Documentation, forms and notices

DWC‑1 workers’ compensation claim form: California DWC‑1
Treating physician’s medical certification (diagnosis, restrictions, and anticipated return date)
Employer’s FMLA/CFRA designation notice (see sample language above)
Pay stubs and medical bills (to track wage replacement and benefit payments)

Sample timeline

Day 0 (injury) — Report to supervisor and seek medical care (urgent care/ER if needed).
Day 1–3 — File DWC‑1; obtain medical note/certification; send FMLA/CFRA request.
Day 7 — Employer should issue designation notice or request clarification; follow up in writing if no response.
Ongoing — Track weekly; request written leave-usage updates and confirm benefit payments.

For additional official resources, bookmark the California Division of Workers’ Compensation and the leave/comp interaction guidance summarized in the Orange County article on FMLA and workers’ comp.

Timelines and pay

FMLA/CFRA timing

FMLA provides 12 workweeks of leave in a 12‑month period, which can be taken continuously or intermittently. Employers may use different methods to measure the 12‑month period (calendar year, rolling 12 months, fixed 12 months), so ask HR which method your company uses. See the DOL’s FMLA page for details. This is central to using FMLA while on workers comp in a way that protects your job.

Workers’ comp temporary disability timing and pay

In California, there’s typically a 3‑day waiting period before temporary disability (TD) starts, unless the disability extends beyond 14 days, in which case you may receive retroactive pay for the waiting period. TD pays roughly two‑thirds of your average weekly wage (exact amounts vary by state formulas). Plain-English reminders about waiting periods and wage replacement levels appear in the Orange County explanation. If you need a refresher on longer-term timelines, this guide to how long you can be on workers’ comp in California is helpful.

Interaction with paid leave and PTO

Employees may choose to run accrued paid leave concurrently with FMLA to receive full pay while out. Coordinate with HR to understand how PTO interacts with workers’ comp wage replacement—some employers offset TD when PTO is used, while others keep them separate. Be sure to confirm in writing how paid time integrates with TD to avoid benefit surprises.

Common scenarios & examples

Scenario A — Short-term sprain (2–6 weeks)

Facts: You sprained your back lifting at work. The doctor restricts you for four weeks.

Outcome: Employer designates time off as concurrent workers’ comp + FMLA/CFRA. You receive TD (about two‑thirds wage replacement) and up to 12 weeks of job protection. If cleared earlier, you return sooner. The employer maintains health benefits during FMLA. Keywords: using FMLA while on workers comp; FMLA rights injured workers.

Action: Report and file the DWC‑1; request FMLA designation; track days; confirm return-to-work clearance and restrictions in writing.

Scenario B — Prolonged recovery (>12 weeks)

Facts: Surgery requires six months off.

Outcome: Workers’ comp continues to cover medical care and TD beyond 12 weeks, but FMLA/CFRA job protection ends at 12 weeks. ADA/FEHA may require reasonable accommodation (e.g., additional unpaid leave, modified duty, reassignment) if reasonable. See California guidance highlighting this interplay in the Orange County overview. Keywords: does workers comp count as FMLA; job protection during work injury.

Action: Ask for an interactive process meeting with HR, provide updated medical documentation, and consider counsel if termination is threatened. Review this primer on ADA & workers’ comp accommodations to prepare for the conversation.

Scenario C — Light-duty offer and refusal

Facts: Employer offers light-duty work aligned with restrictions. Employee refuses based on pain and safety concerns.

Outcome: Refusal can lead to suspension of TD and affect job protection if the offer truly matches restrictions and is reasonable. Get your treating physician’s opinion in writing explaining why the offer exceeds restrictions. Keywords: job protection during work injury; using FMLA while on workers comp.

Action: Obtain a detailed medical note, negotiate duties, or propose an alternate accommodation. Use a written response like the sample above documenting the mismatch.

Scenario D — Employer denies FMLA designation

Actions: Ask for a written denial with reasons. If you believe criteria are met, escalate internally to HR, then externally—to the DOL’s Wage & Hour Division via the DOL FMLA portal. For workers’ comp mishandling or delays, consult resources at the CA Division of Workers’ Compensation. Keep all correspondence and medical proof organized. Keywords: does workers comp count as FMLA; FMLA rights injured workers.

Employer obligations & HR best practices

Duties list

Notify employees of FMLA/CFRA eligibility/status and provide written designation.
Maintain group health benefits during FMLA/CFRA.
Track FMLA/CFRA usage and disclose the 12‑month measurement method.
Coordinate leave administration with workers’ comp adjusters.
Respond to medical certifications and engage in the ADA/FEHA interactive process when applicable.

Suggested HR timeline after a work injury: Within 24–72 hours of notice, provide DWC‑1, FMLA/CFRA eligibility notice and rights-and-responsibilities, and workers’ comp panel providers information as applicable. For federal leave rules, use the DOL FMLA resource; for California comp steps, consult the CA DWC portal.

Best practices recommended for HR

Use standardized forms and templates (designation notices, light-duty offers, FMLA request forms).
Coordinate leave, benefits, and payroll teams to avoid inconsistent messages to employees.
Document the interactive process and maintain consistent, compassionate communication throughout recovery.

Employers aiming for consistency may find it helpful to review summaries of core comp timelines and the 90‑Day Rule for California comp claims, which underscores the importance of timely action and clear communication.

When to escalate / get legal help

Denial of workers’ comp medical or temporary disability benefits.
Employer fails to designate FMLA/CFRA correctly or denies eligibility without explanation.
Termination, demotion, discipline, or harassment that appears connected to your injury or leave.
Confusing light‑duty offers or threats to stop benefits despite ongoing restrictions.

Resources: California Division of Workers’ Compensation: CA DWC; U.S. Department of Labor FMLA: DOL FMLA. If your case is primarily a workers’ comp dispute, consider a comp attorney; if the issue is leave designation, accommodation, or retaliation, an employment attorney may be appropriate. Some cases require both skill sets.

Conclusion

FMLA vs workers compensation California can be simple if you follow a few rules: report promptly; file the DWC‑1; request FMLA/CFRA in writing; and make sure your employer designates leave properly. Remember that workers’ comp benefits can continue beyond the 12 weeks of FMLA/CFRA, and ADA/FEHA may require reasonable accommodations when you still cannot return. Keep copies of all documents, track your leave closely, and ask questions if answers are unclear—your health and job security deserve precise communication. If your employer’s designations are inconsistent, or your benefits are delayed or denied, escalate to state or federal agencies or consider counsel. You do not have to navigate this alone, and you have rights at every point in the process.

Need help now? Get a free and instant case evaluation by Visionary Law Group. See if your case qualifies within 30-seconds at https://eval.visionarylawgroup.com/work-comp.

FAQ

Does workers comp count as FMLA?

Only if you are eligible for FMLA/CFRA and the employer properly designates the leave. Workers’ comp alone does not automatically reduce your FMLA bank. California resources explain this concurrency requirement, including the Orange County discussion and the LA overview.

Can I use FMLA while on workers comp?

Yes—if your injury qualifies as a serious health condition and you are eligible, your employer can designate FMLA/CFRA to run concurrently with workers’ comp. See California practitioners’ guidance on concurrent leave in both the Orange County and LA resources.

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

You cannot be fired in retaliation for filing a workers’ comp claim or taking protected leave. However, job protection under FMLA/CFRA is limited to 12 weeks, and terminations for legitimate business reasons unrelated to the injury may occur after that period. For plain-English overviews, see GEKLaw’s medical-leave summary and the George Lis Law discussion.

How long is my job protected for a work injury?

Up to 12 weeks under FMLA/CFRA if you are eligible and the leave is properly designated. Beyond 12 weeks, the ADA/FEHA interactive process may require reasonable accommodation (which can include additional leave) depending on medical limitations and undue hardship. This interplay is outlined in California-facing resources, including GEKLaw’s overview and the Orange County primer.

Checklist & downloadable resources

Report injury to supervisor immediately — record date/time and names.
File DWC‑1 with employer and keep a copy: California DWC‑1 form.
Seek medical care and obtain a written medical certification with restrictions.
Submit a written FMLA/CFRA request; retain the employer’s designation notice.
Track FMLA/CFRA usage and workers’ comp payments weekly.
If denied or miscounted, request a written reason and escalate to CA DWC or the U.S. DOL.

FMLA vs Workers Compensation California — How FMLA, CFRA and Workers’ Comp Interact and What Injured Employees Must Do