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Do I Have to Use FMLA While on Workers’ Comp in Texas?

When you’re injured on the job in Texas, the last thing you want to worry about is paperwork and overlapping leave policies. Many employees ask: Do I have to use FMLA while on workers’ comp? The answer can be a bit complex—and depends on the circumstances of your injury and your employer’s policies.

This blog breaks down the relationship between Family and Medical Leave Act (FMLA) protections and workers’ compensation, how they can run at the same time, and what rights you have if you’re recovering from a workplace injury.

Understanding the Basics: FMLA vs. Workers’ Comp

Before we answer the big question, it’s helpful to understand what each program does.

✅ Workers’ Compensation

• A state-mandated insurance program
  
  
• Provides medical care and income benefits to employees injured on the job
  
  
• Managed by the Texas Department of Insurance, Division of Workers’ Compensation (DWC)
  
  
• Applies regardless of who was at fault for the injury
  
  

✅ Family and Medical Leave Act (FMLA)

• A federal law providing up to 12 weeks of job-protected, unpaid leave per year
  
  
• Covers:
  
  
  • Serious health conditions (including work-related injuries)
    
    
  • Birth or adoption of a child
    
    
  • Care for a spouse, child, or parent with a serious health condition
    
    
• Applies to employers with 50 or more employees and workers who:
  
  
  • Have worked at least 12 months, and
    
    
  • Have logged at least 1,250 hours in the past year
    
    

Can FMLA and Workers’ Comp Run at the Same Time?

Yes. In most cases, FMLA leave can run concurrently with workers’ compensation if:

• Your injury qualifies as a serious health condition under FMLA
  
  
• Your employer designates the leave as FMLA-covered
  
  

This means your time off due to a work injury may count against your 12 weeks of FMLA leave, even if you’re being paid through workers’ comp benefits.

💡 Important: Your employer must notify you in writing that your time off is being counted as FMLA. They can’t retroactively apply it without proper documentation.

Are You Required to Use FMLA While on Workers’ Comp?

You are not required to “choose” to use FMLA—but your employer can require that your FMLA leave run at the same time as your workers’ comp leave, as long as:

• You’re eligible for FMLA
  
  
• Your injury qualifies as a serious health condition
  
  
• Your employer gives you proper notice
  
  

If your employer doesn’t follow these rules, you may be able to challenge the designation or assert your rights under FMLA.

What If You’re Not Eligible for FMLA?

If you:

• Work for a company with fewer than 50 employees
  
  
• Haven’t worked 12 months or 1,250 hours in the past year
  
  

…you may not be eligible for FMLA protections.

In that case, you would still be entitled to workers’ compensation benefits and medical leave, but your job may not be protected under federal law.

Can You Be Fired While on Workers’ Comp and FMLA?

This is one of the most common concerns—and the answer depends on the situation.

You cannot be fired because:

• You filed a workers’ comp claim
  
  
• You are using FMLA leave
  
  

That would be retaliation, which is illegal under both Texas law and federal law.

However, you can be terminated if:

• You exhaust your FMLA and cannot return to work
  
  
• Your position is eliminated in a company-wide layoff or restructure
  
  
• You were already on a performance improvement plan (PIP) unrelated to the injury
  
  

📌 Consult with a lawyer if you’re fired while recovering or after submitting a medical leave request—especially if the timing seems suspicious.

Can You Be Forced to Use Paid Time Off (PTO)?

Some employers require you to use PTO or sick leave concurrently with FMLA, but they cannot force you to use PTO while on workers’ comp if you’re receiving wage replacement benefits.

Texas law does not allow employers to substitute PTO for workers’ compensation income benefits unless the employee voluntarily agrees.

Key Takeaways

What to Watch Out For

If you’re using workers’ comp and FMLA:

• Keep detailed records of all medical visits and paperwork
  
  
• Make sure your employer gives you FMLA notice in writing
  
  
• Be cautious if your employer pressures you to return early
  
  
• Don’t agree to waive any benefits or sign anything without legal advice
  
  
• If you’re denied reinstatement after FMLA, consult a lawyer immediately
  
  

How The Lange Firm Can Help

At The Lange Firm, we help injured Texas workers navigate the complex intersection of FMLA and workers’ comp. If you’re unsure about your rights, we can:

• Review your employer’s leave policies
  
  
• Ensure FMLA and workers’ comp are applied legally
  
  
• Defend you from retaliation or wrongful termination
  
  
• Help you file or appeal FMLA claims
  
  
• Represent you in disputes involving job reinstatement
  
  

📞 Contact us today for a free consultation to protect your rights while you recover.

Final Thoughts

While you don’t have to “choose” to use FMLA during workers’ comp leave, your employer can legally apply it at the same time—as long as they follow the rules. Knowing your rights under both programs helps ensure you get the time and protection you deserve.

✅ If something doesn’t feel right, trust your gut—and talk to a qualified employment lawyer who understands both Texas and federal law.