When you’re injured at work, it’s not just a matter of medical care or workers’ compensation—your employment rights come into play too. Navigating these overlapping legal protections can be confusing, especially when trying to recover physically, emotionally, and financially.
One of the most important federal laws that may apply to injured workers is the Family Medical Leave Act (FMLA). Understanding how it interacts with Colorado’s Workers’ Compensation Law can make a big difference in preserving your job and protecting your income.
What Is the Family Medical Leave Act?
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions—including those caused by work injuries.
While the FMLA itself does not require your employer to pay you during this leave, if your injury is work-related, workers’ compensation may cover wage loss and medical expenses during that time.
Are You Covered by FMLA?
Not every employee is eligible for FMLA protections. To qualify, all three of the following conditions must be met:
- Your employer has at least 50 employees within a 75-mile radius.
- You have worked for your employer for at least 12 months.
- You’ve worked at least 1,250 hours over the past 12 months.
If you meet these requirements, and your injury is considered a “serious medical condition” (as most ongoing or complex work injuries are), you may invoke FMLA protections.
Two Key Ways FMLA Helps Injured Workers
1. Protecting Your Job When You’re Off Work for Treatment
If your doctor has taken you off work or your employer can’t accommodate your temporary medical restrictions, FMLA can protect your job for up to 12 weeks. This means your employer cannot terminate you simply because you’re unable to perform your normal duties during recovery.
Your job (or an equivalent one) must be held for you during this period—giving you the time you need to heal without the additional stress of job loss.
2. Addressing Modified Duty That’s Inappropriate
Many employers offer “light duty” or “modified duty” roles to keep injured workers on the job. While this often works well, there are times when:
- The new job doesn’t respect your medical restrictions, or
- It causes pain or aggravation of the injury.
If you’re being pressured into unsuitable work, FMLA can provide a legal buffer—giving you time to work with your attorney and treating physician to document that the assigned duties are outside your medical limits. This helps you avoid being forced to quit or worsen your injury, all while keeping your job protected.
FMLA + Workers’ Compensation: What You Need to Know
Here’s how the two laws typically work together:
- Workers’ Compensation provides medical treatment and wage replacement for your injury.
- FMLA ensures that your job is protected while you recover—even if your employer cannot accommodate your restrictions.
Importantly, the 12 weeks of FMLA leave can run concurrently with the time you’re receiving workers’ compensation benefits. But if your workers’ comp claim closes and you still need time off for related issues, you may still be able to use FMLA alone (if eligible).
Because each case is unique—and because the laws can overlap or conflict—it’s critical to get legal advice tailored to your situation.
Don’t Navigate This Alone—We Can Help
Understanding your rights under both state and federal employment laws is essential to protecting your health, your income, and your future. At Kaplan Morrell, we’ve helped thousands of injured workers not just win their workers’ comp claims—but also defend their broader employment rights in both State and Federal Court. Call us today at 303-780-7329 for your free legal consultation
