FMLA and Workers’ Comp

Attorney Blog

Family Medical Leave ActMany times each year we get calls from clients in Aurora, Illinois telling us that they just got Family Medical Leave Act (FMLA) forms to fill out from their employer.  “Can they do this?  Can they really make me use FMLA even though I got hurt at work?”, they ask.  “I’m supposed to be on workers’ comp.”

The answer to most people’s surprise is yes, they can.  The Illinois Workers’ Compensation Act and FMLA are two very different laws that provide two very different protections.  The Family Medical Leave Act is a Federal law that covers all state and local government workers and any worker whose company has 50 or more employees.  FMLA provides 12 weeks of job protected unpaid leave for workers who have a serious health condition, no matter what the cause of that condition is.  A work injury often qualifies as a serious health condition.

The Illinois Workers’ Compensation Act, on the other hand, is a State law that mandates employers provide specific benefits to employees who are injured on the job.  (Link to earlier blog or our manual?)  While the two laws provide different benefits, they do run together.

While it doesn’t seem right, current law says your employer can use your FMLA time at the same time you are out for a work-related injury.  One benefit of your employer forcing you to use your FMLA days is that if they do, they must continue your group health benefits under the same terms as if you continued to work.  If they don’t use those FMLA days, there is no such protection of your group health benefits.

Jay Johnson


I wouldn’t have gotten the relief from my injury if Jay had not gotten involved.

I was referred to Woodruff, Johnson & Evans by a friend after a work related car accident. The workmen comp adjuster was giving me the run around. I was having terrible back pain but because it was work related my doctors could not provide me the treatment I need. Jay Johnson began investigating my case […]

Randel M

Outstanding job for my mother and me.

Very professional. Was referred to me by my mother. Did an outstanding job for my mother and me. Great service!

Valente G

Russ was the best!

Russ was the best! I got his number from my cousin. Best phone call I ever made! Always there for anything I needed and got all my bills paid and some compensation for me! Highly recommend.

Timothy F

Thank you for a good service!!

Steve Sandler presented himself professionally with good rapport and showed concern for my well being. I will definitely recommend him to others!! Thank you!!

Sherifat O

This man knows what he is doing.

I can’t say enough about Jon Walker. He took my case after being denied. Told me everything I had to do and kept me calm during the wait and got me approved! If you want a professional lawyer who knows how to get you approved call WOODRUFF JOHNSON & EVANS I cannot thank you enough […]

Steve G

Far beyond what I expected!

Russ Haugen helped me far beyond what I expected. He was polite and communicated with me every step of the way. Thank you for everything!

Mikahl S

I really felt like I had an ally!

Jon Walker represented me in a Work Comp case. I really felt like I had an ally and someone who was going to protect me and my rights after I was injured at work. Jon was extremely attentive and available to me when I had questions or needed advice throughout the entire process. Also, Jon […]

Juli T

Recommendation to Blessing

I had a lawyer working on my insurance claim that was extremely unprofessional and after 8 months of getting nowhere, I fired him. Dexter Evans was recommended to me by a family member. He was extremely professional and made the insurance claim very easy for me. He was very informative and always got back to […]

Brooke D

I am forever Grateful for this Firm!

I am forever Grateful for this Firm. Steven Sandler stayed on top of my auto accident. I was kept informed on every thing. They were there for me and I will be sure to recommend them. Thank you!!!

Lisa R

¡Estaba muy satisfecho con los resultados!

¡Estaba muy satisfecho con los resultados! Mi abogado, Jay Johnson, me explicó el proceso para que entendiera lo que estaba sucediendo con mi caso. Estaba muy satisfecho con los resultados y recomendaría a mi familia y amigos que necesitan ayuda legal que vayan a Woodruff Johnson & Evans.

View All Testimonials

Get Your Free Consultation