Are employees in California who are returning from a leave related to workers' compensation entitled to be reinstated?

Workers’ compensation is an insurance benefit to cover an employee’s lost wages and medical expenses due to a workplace injury or illness. Workers’ compensation laws do not include specific job reinstatement or leave benefit requirements for employees who are off work for an extended period of time due to a work injury or illness.

However, other laws that generally require employers to provide leave or accommodations for employees may come into play when an employee on workers’ compensation is unable to work for an extended period.

For example, a work injury or illness may also qualify as a serious health condition as defined by the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA); therefore, an employee taking leave for a work-related injury or illness may qualify for FMLA/CFRA leave. FMLA and CFRA allow employees to take up to 12 weeks of job protected leave for a qualifying reason and return to the same or an equivalent position at the end of the leave.

Employers must also be aware of requirements under the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) when considering reinstatement or return-to-work for a disabled employee who has been on leave due to a work-related injury or illness. Under these laws, an employee returning to work who has a disability as a result of a work-related injury has the right to be reinstated to the same job, a modified job, or an alternative job if he or she can perform the essential functions with or without reasonable accommodation.

In addition, California Labor Code section 132a states that an employer may not discharge, threaten to discharge or in any manner discriminate against employees who file workers’ compensation claims. While courts have held that neutral policies (e.g., leave of absence policies) that are applied to all employees do not violate the statute, it is advisable for employers to consult an attorney before taking any adverse action against an employee who is on leave due to a work-related injury.