Difference Between FMLA and Workers Compensation (With Table)

Laws, insurance and policies made to protect the workers and their family members are quite common worldwide. The concerned government in power must provide adequate services, compensation and reimbursements to the workers who face Physical and health difficulties.

FMLA vs Workers Compensation

The difference between FMLA and Workers Compensation is that FMLA is a sort of leave that employees can take to care of themselves or their families when they are sick. However, on the contrary, worker’s Compensation is a sort of insurance that employees can get if they are injured or disabled on the job. A minimum number of participating employees is not necessary under the Workers Compensation Act, unlike FMLA, which is 50.

The FMLA’s standards, guidelines, and restrictions apply across the United States. In 1993, the Federal Act was effectively passed. FMLA allows qualifying employees or workers to take unpaid leave for up to twelve weeks within twelve months. Only those firms with a minimum of 50 employees can make use of the FMLA’s benefits.

Under the federal employees’ compensation legislation, the Workers Compensation policy was made successful. The federal government is the only one who gets affected. State governments, on the other hand, have the option of making their laws or just adhering to federal legislation.

Comparison Table Between FMLA and Workers Compensation

Parameters of ComparisonFMLAWorkers Compensation
Applicable forThe whole of the United States of AmericaOnly Federal employees of the USA.
Applicable onWorker and his whole familyOnly on the worker
Unpaid leave12 weeks/12 monthsUp to 6 months
Passed underFederal act in 1993Compensation act of federal employees
Eligible employeesEmployers with a minimum of 50 employeesNo such restrictions

What is FMLA?

FMLA is a sort of leave that employees can take if they or their families need to take medical leave. The FMLA’s guidelines, standards, and regulations apply throughout the United States. In 1993, it was successfully passed under the Federal Act.

The FMLA statute allows qualifying employees or workers to take unpaid leave for a minimum of twelve weeks within twelve months. FMLA allows employees to take time off to care for serious health difficulties in their families, including their parents, children, spouses, or themselves.

It also provides for a leave of absence in the event of the birth of a child or any other family emergency. Employers with at least 50 employees are only eligible for FMLA benefits.

Workers with physical and health problems must be provided with proper assistance, compensation, and reimbursements by the concerned government in authority like this.

What is Workers Compensation?

Workers Compensation is a sort of compensation available to employees who are disabled or injured on the job or while on the working site. Under the federal employees’ compensation legislation, the Workers Compensation policy was successful.

Only the federal government is affected. State governments, on the other hand, have the option of making their laws or simply following this one. Under the Workers Compensation Law, injured workers have the option of taking up to six months of unpaid absence under this benefit.

In the event of an injury, the Workers Compensation law does not apply to the worker’s family members but only to the worker himself. Under this law, the worker is entitled to reimbursement for the costs of his treatment.

If a worker dies in an unexpected accident, the family is entitled to two-thirds of the worker’s wage as compensation. Under the Workers Compensation Act, there is no requirement for a minimum number of participating employees. It does, however, apply to all employees.

Main Differences Between FMLA and Workers Compensation

  1. FMLA is a type of leave that can be availed by the workers in case of medical leaves for himself or his family. On the other hand, Workers Compensation is a type of compensation availed by the workers when they face any type of disability or injuries in the job or at the job location.
  2. The norms, rules and regulations of the FMLA apply to the whole US. This was successfully passed under the Federal act in 1993. On the other hand, the Workers Compensation policy was made successful under the compensation act of federal employees. This applies to the federal government only. However, it’s the choice of state governments that either can make their laws or can follow this law only.
  3. Under the law of FMLA, the eligible employees or workers can avail unpaid leaves up to a minimum of twelve weeks in the time frame of twelve months. On the other hand, under the Workers Compensation Law, the injured workers possess the potential to avail leave for the period of up to six months under this benefit, in which they will be paid as usual.
  4. FMLA covers the leaves of the workers for attending to serious health issues of his family, including his parent, kids, spouse or himself. It also offers to leave for the birth of a newborn or in case of any family exigencies. On the other hand, under the Workers Compensation law, it does not apply to the worker’s family members but only to himself in case of injuries. Under this law, the worker can reimburse the amount he spent on his treatment. In case the worker dies in a sudden accident, two-third of the worker’s salary is also given to the family as a part of compensation.
  5. Those employers who have a minimum of 50 employees working under him can only avail the benefits offered under the FMLA. On the other hand, under the Workers Compensation law, no minimum threshold of the number of participating employees is not required. However, it applies to all the employees.

Conclusion

The FMLA allows employees to take time off to care for serious health difficulties in their families, such as those of their parents, children, spouses, or themselves. It also allows you to depart for the birth of a child or any other family emergency. Whereas, according to the Workers Compensation Law, injured workers can take up to six months of paid absence under this benefit.

In the event of an injury, the worker’s compensation law does not cover the worker’s family members but only the worker himself. The worker is entitled to reimbursement for the money spent on his treatment under this law. Two-thirds of the worker’s wage is paid to the family as compensation if the worker dies in an unexpected accident. It does, however, apply to all workers.

References

  1. https://journals.sagepub.com/doi/pdf/10.1177/216507999904700604
  2. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/branlaj41&section=44
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