FMLA Eligibility
An employee must complete ___ hours of service in the month preceding the leave.
1250
What statements are true about FMLA and STD?
1. FMLA is federal legislation.
2. FMLA is unpaid job and benefits protection.
3. STD is partial or total wage replacement.
4. STD is a voluntary contract with an employer.
Brooke was out of work from 6/2/2021-6/30/2021 due to plantar fasciitis. She saw her physician on 6/5/2021 and 6/19/2021. Has she met the definition of SHC for incapacity and treatment?
Yes
LaToya submits medical documentation for an intermittent leave. What is the category of documentation?
Clarification
Ericka requests the full time available for bonding. What FMLA dates will you approve for Pregnancy incapacity?
FDA: 1/13/2022
Del: 1/13/2022
PP Recovery: 8 wks
1/13/2022-3/9/2022
Joe requests a new leave, and his hours worked in the past 12 months are unknown.
What should you do?
Email the ER daily for up to 5 business days or until verification received
Send eligibility notification based on what eligibility information indicates, if information not received by day 5
Evelyn works in New Jersey, and she requests a leave to care for her mother-in-law. Is this a qualifying relationship? Select two answers.
Not qualifying under FMLA
Qualifying under NJ Family Leave Act
Shia was out of work 4/2/2021-4/4/2021 RTW 4/5/2021. She went to the AP on 4/1/2021 after work and was diagnosed with bronchitis, prescribed an antibiotic and will not see the AP for a follow up visit. Which SHC has she met?
Incapacity and treatment
Thomas submits signed medical documentation for his intermittent leave. What is the category of documentation?
Insufficient
Ann calls the CCC to request an accommodation.
Disability: pregnancy / no longer disabled
Accommodation: additional time for baby bonding now that FMLA has exhausted
What is the request type of this ADAAA accommodation?
Not qualifying for ADAAA
Mari requests a new leave, and her hours worked in the past 12 months are unknown.
It is now day 5, and you have not received a response from the employer despite emailing daily for the hours worked.
What should you do?
Send eligibility notification based on what eligibility information indicates
Natalie requests leave to care for her spouse who was injured at war while service for our country. What is the maximum duration of leave Ava can take in a 12-month period?
26 weeks
Anike is out of work intermittently for migraines starting 06/12/19. She was treated by her doctor on 02/04/19 and 06/12/19. She was prescribed medication, and she has a follow-up appointment scheduled for 09/16/19. What Serious Health Condition does Willow meet?
Chronic Conditions
Garrett submits signed medical documentation for his intermittent leave. What is the category of documentation?
Insufficient
Lindsey works in Washington. What leave(s) is she eligible for?
DOH: 12/09/20
Hours Worked: 608
DOD: 04/08/21
Delivery Date: 04/15/21
Incapacitated: 04/08/21 – 05/26/21
WA Pregnancy Disability Leave
Has Ellen met the hours worked requirement?
Regular hours: 1,000
Overtime: 290
Holiday Pay: 32
PTO: 82
Sick Pay: 14
Yes
Jordan has a continuous leave for care of a child which began on 03/07/19. Assuming that she had no prior leaves, when will she exhaust her FMLA time available?
05/29/19
Which of these does treatment include?
1. Robitussin
2. Advil
3. Tums
4. Antibiotics
Antibiotics
Abby requests STD and leave for her own condition. A nurse completes the intake, expedites the claim, and writes a clinical impression that supports a duration of 4 weeks. Amber is not eligible for STD, but she is eligible for FMLA. What should you do?
Approve the leave for 4 weeks
Kara is out on a pregnancy leave. She went out of work on 8/7/2021 and delivered on 11/6/2021. She had a NVD and is allowed 6 weeks post partum. What will be the approval dates for pregnancy incapacity and the approved dates for bonding?
Pregnancy incapacity: 8/7/2021-10/29/2022
Bonding: N/A - exhausted
Sam lives in Wisconsin and requests a new leave for her own condition. She has worked for her employer for 2 years and has 1,000 hours. We handle both FMLA and state leaves for the employer. What leaves is she eligible and what letters will you send after completing the initial triage task?
WI FMLA
Mixed Prelims
Leave Approved: 03/05/21 – 03/04/22
F/D: 1 time per month for 1 day
Approved Dates: 03/05/21, 04/13/21, 05/05/21, 05/10/21
Nakisha reports new intermittent dates. What should you do?
Dates Reported: 05/13/21, 05/14/21, 06/02/21
Reason: condition has worsened, requiring higher F/D
Require recertification for all dates going forward
How is incapacity defined?
Inability to work, attend school or perform regular daily activities
Alex has a pending intermittent leave with the following dates reported:
• 01/04/21
• 01/12/21
• 01/15/21
You do not receive a CHCP by day 15. What dates should you deny?
Today: 01/26/21
Certification Deadline: 01/25/21
Grace Period: no
Late Med Policy: cover all absences back to day 1
All dates reported
Dominique files a leave for maternity. She goes out of work on 2/11/2019 and delivers NVD on 4/16/2019. She lives in California - what dates will we approve for FMLA pregnancy, FMLA bonding, CA PDL & CFRA?
FMLA Preg: 2/11/2019-5/5/2019 (FMLA exhausts)
FMLA BB: N/A - exhausted
CA PDL: 2/11/2019-5/27/2019 (4 months max)
CFRA: 5/28/2019-8/19/2019 (12 weeks)