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If you’ve been injured at work in Georgia, you’re likely focused on getting the medical treatment and wage replacement benefits you’re entitled to under the state’s workers’ compensation system. But many injured workers are shocked to learn that Georgia workers’ compensation law does not protect your job.
This is where the federal Family and Medical Leave Act (FMLA) can become critically important. Understanding how these two laws intersect can make the difference between keeping your job and facing termination while you recover.
Georgia’s Workers’ Compensation Act (O.C.G.A. § 34-9-1 et seq.) is a no-fault system that provides injured workers with:
However, nothing in Georgia workers’ compensation law requires your employer to hold your job open while you recover. Georgia is an “at-will” employment state, meaning your employer can generally terminate you for any lawful reason — or no reason at all — even while you are receiving workers’ compensation benefits.
The only major limitation is that your employer cannot terminate you in retaliation solely for filing a workers’ compensation claim. Unfortunately, proving retaliation can be difficult.
The Family and Medical Leave Act is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for a serious health condition. A work-related injury that requires ongoing medical treatment or prevents you from working often qualifies as a “serious health condition” under the FMLA.
FMLA benefits include:
To be eligible, you generally must have worked for your employer for at least 12 months and 1,250 hours in the previous 12 months, and your employer must have 50 or more employees within a 75-mile radius.
These two systems often run concurrently. This means:
Many employers will automatically designate workers’ compensation leave as FMLA leave. However, it is often in your best interest to formally request FMLA protection in writing to ensure your rights are clearly documented.
| Issue | Georgia Workers’ Comp | FMLA | What This Means for You |
| Job Protection | None | Up to 12 weeks | FMLA is usually your only job protection |
| Wage Replacement | Yes (temporary disability benefits) | Unpaid (but you can use accrued leave) | You can receive workers’ comp pay while on FMLA |
| Health Insurance | Not required | Must be continued | Important protection under FMLA |
| Retaliation Protection | Limited | Strong | FMLA offers stronger safeguards |
| After 12 Weeks | No job protection | Job protection ends | Employer can terminate after FMLA expires |
Important: Once your FMLA leave is exhausted, your employer is generally no longer required to hold your position open (although the Americans with Disabilities Act may provide additional protections in some cases).
At George C. Creal, Jr., P.C., we help injured Georgia workers understand their rights under both workers’ compensation and employment laws like the FMLA. Whether you’ve been terminated while on workers’ comp, need help requesting FMLA leave, or are facing retaliation, we can guide you through your options.
Contact us today for a confidential consultation.
George C. Creal, Jr., P.C.
Trial Lawyers
www.georgialawyer.com
(770) 961-5511
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and the laws governing workers’ compensation and FMLA can be complex. Consult with a qualified Georgia attorney about your specific situation.
Ready to have your case reviewed? Call (770) 961-5511 or visit www.georgialawyer.com today.
George Creal is a trial lawyer who has been practicing law
in the Metro-Atlanta area for over 27 years. George brings
a broad range of experience to the courtroom. Read More