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InstituteHuman ResourcesRelated Programs IndexHR EdgeDisabilities and ADAFamily and Medical Leave Act (FMLA)Workers' CompensationFamily and Medical Leave Act (FMLA)Workers' CompensationHR ManagementEnglishAnalysisFocus AreaDisabilities and ADAUSA

Compare and contrast FMLA, ADA, and workers’ compensation

While the laws provide for different benefits and protections, they may run concurrently, assuming the employee is eligible under them and the reason qualifies for protection under them.

FMLA, ADA, and workers’ compensation

ADAFMLAWC
Employer coverageEmployers with 15 or more employees for each working day during each of 20 or more workweeks in the current or preceding calendar year.All public employers, private employers with 50 or more employees who worked at least 20 workweeks in the current or preceding calendar year.Most states require employers to have coverage. In Texas, for example, private employers can choose whether or not to carry WC insurance coverage. Injured employees can sue non-covered employers over workplace injuries and illnesses. 
Eligible employeesThose who have a disability and are qualified to perform, with or without reasonable accommodation, the essential functions of the job.Those who meet the following criteria:
  • Worked at least 12 months for the employer,
  • Worked at least 1,250 hours in the 12 months before leave is to begin, and
  • Work at a site with at least 50 company employees within 75 miles.
Employees generally need to have suffered a workplace injury or illness to be eligible for benefits.
Qualifying reasonsImpairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having an impairment that is not minor.
  • Birth, adoption, foster care;
  • Employee's own serious health condition;
  • To care for a family member with a serious health condition;
  • Qualifying military exigency;
  • Military caregiver.
Workplace injury or illness – those that occur in the course of employment.
Less than consecutive leave Employers may need to provide an exemption from a workplace policy, including an attendance policy, as a reasonable accommodation. Therefore, employees could be entitled to leave on an intermittent or reduced schedule basis.Yes, when medically necessary. When leave is taken for bonding with a healthy child, intermittent or reduced schedule leave is allowed only if the employer agrees.Not generally. An employer might, however, have a return-to-work program that slowly brings the employee back as his or her condition allows.
Employee protections/ benefits Employees are protected from discrimination based on disability. Employees might have the right to reasonable accommodations, including leave. Employers need not provide an accommodation that would pose an undue hardship. Eligible employees are entitled to up to 12 weeks of job-protected FMLA leave in a 12-month leave year period for qualifying reasons. They are entitled to up to 26 weeks of military caregiver leave.Income replacement and medical benefits for the job-related condition. Not necessarily job protection. Employees may not, however, be terminated for filing a WC claim.
Reinstatement rights If leave is provided as an accommodation, the employee would be entitled to return to his or her job, assuming he or she can perform, with or without reasonable accommodation, the essential functions.Yes. Employees are entitled to be reinstated to their positions, or an equivalent one when the need for leave has ended.Employees are generally expected to be reinstated to their jobs.
Family member care No, but employees are not to be discriminated against due to their association with an individual with a disability.Yes, employees may take FMLA leave to care for a spouse, child, or parent.No.
Notices Poster required.Poster required. Employees must put employer on notice of the need for leave. Employers must provide employees with an eligibility/rights & responsibilities notice and a designation notice.Most laws require a poster.
Record retention At least one year from the making of a record or the taking of an employment action, whichever is later.Three years.Varies by state law.
workers-compensation
Workers' Compensation
workers-compensation
Workers' Compensation
HUMAN RESOURCES EDGE
InstituteHuman ResourcesRelated Programs IndexHR EdgeDisabilities and ADAFamily and Medical Leave Act (FMLA)Workers' CompensationFamily and Medical Leave Act (FMLA)Workers' CompensationHR ManagementEnglishAnalysisFocus AreaDisabilities and ADAUSA

Compare and contrast FMLA, ADA, and workers’ compensation

InstituteHuman ResourcesRelated Programs IndexHR EdgeDisabilities and ADAFamily and Medical Leave Act (FMLA)Workers' CompensationFamily and Medical Leave Act (FMLA)Workers' CompensationHR ManagementEnglishAnalysisFocus AreaDisabilities and ADAUSA

While the laws provide for different benefits and protections, they may run concurrently, assuming the employee is eligible under them and the reason qualifies for protection under them.

FMLA, ADA, and workers’ compensation

ADAFMLAWC
Employer coverageEmployers with 15 or more employees for each working day during each of 20 or more workweeks in the current or preceding calendar year.All public employers, private employers with 50 or more employees who worked at least 20 workweeks in the current or preceding calendar year.Most states require employers to have coverage. In Texas, for example, private employers can choose whether or not to carry WC insurance coverage. Injured employees can sue non-covered employers over workplace injuries and illnesses. 
Eligible employeesThose who have a disability and are qualified to perform, with or without reasonable accommodation, the essential functions of the job.Those who meet the following criteria:
  • Worked at least 12 months for the employer,
  • Worked at least 1,250 hours in the 12 months before leave is to begin, and
  • Work at a site with at least 50 company employees within 75 miles.
Employees generally need to have suffered a workplace injury or illness to be eligible for benefits.
Qualifying reasonsImpairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having an impairment that is not minor.
  • Birth, adoption, foster care;
  • Employee's own serious health condition;
  • To care for a family member with a serious health condition;
  • Qualifying military exigency;
  • Military caregiver.
Workplace injury or illness – those that occur in the course of employment.
Less than consecutive leave Employers may need to provide an exemption from a workplace policy, including an attendance policy, as a reasonable accommodation. Therefore, employees could be entitled to leave on an intermittent or reduced schedule basis.Yes, when medically necessary. When leave is taken for bonding with a healthy child, intermittent or reduced schedule leave is allowed only if the employer agrees.Not generally. An employer might, however, have a return-to-work program that slowly brings the employee back as his or her condition allows.
Employee protections/ benefits Employees are protected from discrimination based on disability. Employees might have the right to reasonable accommodations, including leave. Employers need not provide an accommodation that would pose an undue hardship. Eligible employees are entitled to up to 12 weeks of job-protected FMLA leave in a 12-month leave year period for qualifying reasons. They are entitled to up to 26 weeks of military caregiver leave.Income replacement and medical benefits for the job-related condition. Not necessarily job protection. Employees may not, however, be terminated for filing a WC claim.
Reinstatement rights If leave is provided as an accommodation, the employee would be entitled to return to his or her job, assuming he or she can perform, with or without reasonable accommodation, the essential functions.Yes. Employees are entitled to be reinstated to their positions, or an equivalent one when the need for leave has ended.Employees are generally expected to be reinstated to their jobs.
Family member care No, but employees are not to be discriminated against due to their association with an individual with a disability.Yes, employees may take FMLA leave to care for a spouse, child, or parent.No.
Notices Poster required.Poster required. Employees must put employer on notice of the need for leave. Employers must provide employees with an eligibility/rights & responsibilities notice and a designation notice.Most laws require a poster.
Record retention At least one year from the making of a record or the taking of an employment action, whichever is later.Three years.Varies by state law.
Answer
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