An employee's workers compensation absence and FMLA leave entitlement can run at the same time. This means that while the employee is receiving workers' compensation benefits to make up for lost wages, their job and health benefits are protected under the FMLA. The time an employee spends off work recuperating and receiving workers' comp benefits is also being deducted from the mandated 12-week unpaid, job-protected leave provided by the FMLA. In the event that both workers’ compensation and FMLA laws apply, it's the duty of the employer to classify the leave as FMLA-qualifying (if applicable) and inform the employee of this situation. However, even if the employer fails to do this, the employee may still be eligible for FMLA leave after their workers’ compensation absence has ended. In certain cases, if an employee requires additional workers’ compensation medical leave after using up their FMLA leave, additional provisions may apply as a “reasonable accommodation” under California’s Fair Employment and Housing Act.