Legal Question in Medical Leave in California

When to file FMLA Vs Workman's Compensation

Received call from client. They have employee who filed a Workman's comp claim expecting to be out for 2 weeks. They want to know if the employee should file FMLA instead. Please explain when it would be appropriate to file FMLA instead of Workman's Comp.

Thank you

PS- I am new at Benefits. This could turn out to be a HUGE client. Need to respond by tomarrow.


Asked on 5/12/04, 8:10 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: When to file FMLA Vs Workman's Compensation

Workers Compensation and FMLA are not mutually exclusive. The employee can request both, assuming the employee is eligible. It is generally adviseable for the employee to ask to be out on FMLA for job protection reasons.

There are many nuances to the rights and obligations of employees and employers under FMLA - too numerous to go into in this forum. It is best to consult with experienced legal counsel to make informed decisions.

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Answered on 5/13/04, 8:03 pm


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