Question: My employee was injured on the job and filed a workers’ compensation claim. The employee’s doctor states she needs to take a leave of absence. Is this workers’ compensation leave also a federal Family and Medical Leave Act (“FMLA”) or California Family Rights Act (“CFRA”) type leave?

Answer: The FMLA and CFRA are two laws that provide job-protected leave for various reasons and allow eligible employees to take up to 12 weeks of job-protected leave, including for the employee’s own serious health condition. A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. If the employee’s injury qualifies as a serious health condition and she is otherwise eligible for FMLA or CFRA, then her workers’ compensation leave should also be designated as a FMLA and/or CFRA leave.

The FMLA applies to any employer who employs 50 or more employees. CFRA was recently expanded and now applies to employers who employ five or more employees. Given this recent expansion, the CFRA now applies to many more employers in California.

An employee is eligible for leave under the FMLA if the employee 1) has been employed by the employer for at least 12 months, 2) has worked at least 1,250 hours during the 12-month period immediately prior to the leave, and 3) is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that...

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