Family Medical Leave Act
Rehabilitation Act of 1973
COBRA
(Consolidated Omnibus Budget Reconciliation Act)
OSHA
Occupational Safety and Health Act
Holland Codes
100
Yes. An employee’s ability to use FMLA leave during pregnancy or after the birth of a child has not changed. Under the regulations, a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated (due to pregnancy or child birth).
What is Can I still use FMLA leave during pregnancy or after the birth of a child?
100
The title I employment provisions apply to private employers, State and local governments, employment agencies, and labor unions. Employers with 25 or more employees were covered as of July 26, 1992. Employers with 15 or more employees were covered two years later, beginning July 26, 1994.
What is What employers are covered by title I of the ADA, and when is the coverage effective?
100
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What is What is COBRA continuation health coverage?
100
Input from the recent ergonomics forums demonstrated to OSHA that there are a wide variety of opinions on how the Agency should define an ergonomic injury and that the definition adopted by OSHA depends on the context. Ergonomic injuries are often described by the term "musculoskeletal disorders" or "MSDs." This is the term of art in scientific literature that refers collectively to a group of injuries and illnesses that affect the musculoskeletal system; there is no single diagnosis for MSDs. As OSHA develops guidance material for specific industries, the agency may narrow the definition as appropriate to address the specific workplace hazards covered. OSHA will work closely with stakeholders to develop definitions for MSDs as part of its overall effort to develop guidance materials.
What is What is an "ergonomic injury"?
100
Holland Codes
What is The Holland Codes is a system to classify jobs into job categories, interest clusters, or work personality environments. In the Holland Model, these categories represent 6 different work personalities.
200
Under the regulations, employees continue to be able to use FMLA leave for any period of incapacity or treatment due to a chronic serious health condition. The regulations continue to define a chronic serious health condition as one that (1) requires “periodic visits” for treatment by a health care provider or nurse under the supervision of the health care provider, (2) continues over an extended period of time, and (3) may cause episodic rather than continuing periods of incapacity. The regulations clarify this definition by defining “periodic visits” as at least twice a year.
What is Can I continue to use FMLA for leave due to my chronic serious health condition?
200
The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.
What is What practices and activities are covered by the employment nondiscrimination requirements?
200
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
What is What does COBRA do?
200
No. MSDs can and do develop outside the workplace.
What is Are all MSDs work-related?
200
Realistic
What is people are usually assertive and competitive, and are interested in activities requiring motor coordination, skill and strength.  People with a realistic orientation usually prefer to work a problem through by doing something, rather than talking about it, or sitting and thinking about it.  They like concrete approaches to problem solving, rather than abstract theory.  They tend to be interested in scientific or mechanical rather than cultural and aesthetic areas.  They like to work with THINGS.
300
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. The “continuing treatment” test for a serious health condition under the regulations may be met through (1) a period of incapacity of more than three consecutive, full calendar days plus treatment by a health care provider twice, or once with a continuing regimen of treatment, (2) any period of incapacity related to pregnancy or for prenatal care, (3) any period of incapacity or treatment for a chronic serious health condition, (4) a period of incapacity for permanent or long-term conditions for which treatment may not be effective, or (5) any period of incapacity to receive multiple treatments (including recovery from those treatments) for restorative surgery, or for a 1 condition which would likely result in an incapacity of more than three consecutive, full calendar days absent medical treatment.
What is Are there any changes to the definition of a serious health condition under the regulations?
300
Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected
What is Who is protected from employment discrimination?
300
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events: Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time. Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries. Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
What is Who is entitled to benefits under COBRA?
300
The determination of whether any particular MSD is work-related may require the use of different approaches tailored to specific workplace conditions and exposures. Broadly speaking, establishing the work-relatedness of a specific case may include: -- taking a careful history of the patient and the illness; -- conducting a thorough medical examination; and -- characterizing factors on and off the job that may have caused or contributed to the MSD.
What is How do you determine whether MSDs are work-related?
300
Investigative
What is people like to think and observe rather than act, to organize and understand information rather than to persuade.  They tend to prefer individual rather than people oriented activities.  They like to work with DATA.
400
Employers must post a general notice explaining the FMLA's provisions and providing information regarding procedures for filing a claim under the Act in a conspicuous place where it can be seen by employees and applicants. Under the regulations, this posted notice includes additional information regarding the definition of a serious health condition, the new military family leave entitlements, and employer and employee responsibilities. Employers must also include the information in this general notice in any employee handbook or other written policies or manuals describing employee benefits and leave provisions. Additionally, under the regulations, an employer without a handbook or written guidance is required to provide this general notice to new employees upon hiring.
What is What are an employer’s posting and general notice requirements?
400
A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the oeessential functionsî of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.
What is Who is a "qualified individual with a disability?"
400
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What is How does a person become eligible for COBRA continuation coverage?
400
Congress passed, and the President signed, Senate Joint Resolution 6, which rescinded the original ergonomics rule, and under the Congressional Review Act, prohibits the agency from issuing a rule that is substantially the same as the former one. There are a number of reasons why guidelines are preferable to doing a rule. OSHA must follow certain criteria in doing a rule - any rule. In terms of ergonomics, there are factors that make doing a rule very difficult: There are a variety of different hazards and combinations of different hazards to be addressed; Exposure to the hazards is not readily measured in some cases; The exposure-response relationship is not well understood; Cost and feasibility of abatement measures may be uncertain and may be very high in some cases; and It is very difficult, except in the most general terms, to prescribe remedies for abating such hazards in a single rule. These considerations make it very difficult to develop simple criteria for compliance that can apply to a broad range of industries. On the other hand, industry and task specific guidelines can be developed more quickly and are more flexible, and can provide specific and helpful guidance for abatement to assist employees and employers in minimizing injuries. Guidelines are the most effective method available for reducing injuries quickly.
What is Why aren't you doing another rule?
400
Artistic
What is people are usually creative, open, inventive, original, perceptive, sensitive, independent and emotional. .  They do not like structure and rules, like tasks involving people or physical skills, and are more likely to express their emotions than others.  They like to think, organize and understand artistic and cultural areas.  They like to work with IDEAS and THINGS.  
500
An employer that willfully fails to post the required FMLA notice may be assessed a civil monetary penalty. Under the regulations, the penalty is increased to $110.
What is Is there a penalty if an employer fails to post the required FMLA notice?
500
No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to a disability. For example, suppose two persons apply for a job as a typist and an essential function of the job is to type 75 words per minute accurately. One applicant, an individual with a disability, who is provided with a reasonable accommodation for a typing test, types 50 words per minute; the other applicant who has no disability accurately types 75 words per minute. The employer can hire the applicant with the higher typing speed, if typing speed is needed for successful performance of the job.
What is Does an employer have to give preference to a qualified applicant with a disability over other applicants?
500
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What is What group health plans are subject to COBRA?
500
A guideline is a tool to assist employers in recognizing and controlling hazards. It is voluntary. Failure to implement a guideline is not itself a violation of the General Duty Clause of the OSH Act. Guidelines that OSHA develops will provide information to help employers identify ergonomic hazards in their workplaces and implement feasible measures to control those hazards. Guidelines are more flexible than standards. They can be developed quickly and can be changed easily as new information becomes available with scientific advances. Guidelines make it easier for employers to adopt innovative programs to suit their workplaces, rather than inflexible, one-size-fits-all solutions to issues that may be unique to the industry or facility.
What is What is a guideline and how does it differ from a standard?
500
Conventional
What is people like rules and regulations and emphasize self-control.  They like structure and order, and dislike unstructured or unclear work and interpersonal situations.  They place value on  reputation, power, or status.  They like to work with DATA.
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