Coverage
True or False. Employees may be required to provide a certification and periodic re-certification supporting the need for leave.
True. Under the regulations, an employer should request medical certification, in most cases, at the time an employee gives notice of the need for leave or within five business days. If the leave is unforeseen, the employer should request medical certification within five days after the leave begins.
An employer may request certification at a later date if he or she has reason to question the appropriateness or duration of the leave.
Additionally, employers may request a new medical certification each leave year for medical conditions that last longer than one year. Such new medical certifications are subject to second and third opinions.
-Source: EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT, Department of Labor
How many hours and/or months must an employee work to be eligible for FMLA leave?
Employees must have worked at least 1,250 hours over the course of the last 12 months to be eligible for FMLA leave.
Source: Wage and Hour Division (WHD), FMLA Frequently Asked Questions, US Department of Labor
6 ) How many employees must a company have for the FMLA to apply to them?
A) 20 or more employees.
B) 50 or more employees.
C) 75 or more employees.
D) 100 or more employees.
B) 50 or more employees
Source: Wage and Hour Division (WHD), FMLA Frequently Asked Questions, US Department of Labor
Covered employers who have employees who are eligible for FMLA leave must
A) Provide employees with general notice about the FMLA
B) Notify employees concerning their eligibility status and rights and responsibilities under the FMLA
C) Notify employees whether specific leave is designated as FMLA leave and the amount of time that will count against their FMLA leave entitlement.
D) All of the above
D) All of the above
Source: Fact Sheet # 28D: Employer Notification Requirements under the Family and Medical Leave Act, US Department of Labor
Does the following situation meet criteria for a job protected leave under the FMLA? Yes or No?
Bonnie Beauty was preparing for her 35th high school reunion and had liposuction requiring multiple outpatient treatments with a physician.
No ‐ Under these circumstances, the treatments would be considered as cosmetic in nature. Cosmetic treatments or surgery do not qualify unless they require in‐ patient hospital care or unless medical complications develop.
Source: 2012 Convocation, FMLA Liability & Risk Management Solutions, Rob Larson – UNUM Kevin Cooksey – GBS Dallas
How much leave is an eligible employee entitled to under FMLA?
A) The employee is entitled to 12 weeks of leave during a 12-month period. The maximum combined leave time is 26 weeks if care is for a wounded military veteran.
B) The employee is entitled to 16 weeks of leave during a 12-month period regardless of who the care is for.
C) The employee is entitled to 16 weeks of leave during a 12-month period. The maximum combined leave time is 32 weeks if care is for a wounded military veteran.
D) The employee is entitled to 26 weeks of leave during a 12-month period.
A) The employee is entitled to 12 weeks of leave during a 12-month period. The maximum combined leave time is 26 weeks if care is for a wounded military veteran.
-Source: Fact Sheet #28M(b): Military Caregiver Leave for a Veteran under the Family and Medical Leave Act, U.S. Department of Labor
Do the 12 months of service with the employer have to be continuous or consecutive?
A) Yes, the 12 months of service have to be both continuous and consecutive.
B) No, the 12 months of service must only be consecutive.
C) No, the 12 months of service must only be continuous.
D) No, the work time does not have to be continuous or consecutive.
D) No, the work time does not have to be continuous or consecutive.
Source: Wage and Hour Division (WHD), FMLA Frequently Asked Questions, US Department of Labor
FMLA became law under which presidential administration?
A) George HW Bush
B) George W Bush
C) Bill Clinton
D) Barack Obama
C) Bill Clinton. FMLA was a signature piece of legislation for the first term of the Clinton Administration.
Source: Family and Medical Leave Act - US Department of Labor
True or False. Employees are not allowed to ask for a certification of your need for leave because that would be a violation of HIPAA.
False. The regulations clarify that contact between an employer and an employee’s health care provider must comply with the Health Insurance Portability and Accountability Act (HIPAA) privacy regulations. Under the regulations, employers may contact an employee’s health care provider for authentication or clarification of the medical certification by using a health care provider, a human resource professional, a leave administrator, or a management official. In order to address employee privacy concerns, the regulations makes clear that in no case may the employee’s direct supervisor contact the employee’s health care provider. In order for an employee’s HIPAA-covered health care provider to provide an employer with individually-identifiable health information, the employee will need to provide the health care provider with a written authorization allowing the health care provider to disclose such information to the employer. Employers may not ask the health care provider for additional information beyond that contained on the medical certification form.
Source: The Employers Guide to The Family and Medical Leave Act, US Department of Labor
Does the following situation meet criteria for a job protected leave under the FMLA? Yes or No?
Mary’s elderly mother has Alzheimer's. Her nursing home is closing their Alzheimer's wing so Mary has requested leave to locate another care facility.
Yes, arranging care for a qualifying family member is a covered reason for leave under the FMLA.
Source: 2012 Convocation, FMLA Liability & Risk Management Solutions, Rob Larson – UNUM Kevin Cooksey – GBS Dallas
True or False. FMLA leave covers the placement of a child for adoption or foster care.
True. The FMLA explicitly covers events incident to the adoption process in addition to the bonding period following a placement. Although the regulations are not specific, an employer such assume that the same circumstances governing adoption also govern foster care.
Source: Wage and Hour Division (WHD), FMLA Frequently Asked Questions, US Department of Labor
Do the 1,250 hours include paid leave time or other absences from work?
A) No, only paid leave time is included when computing the 1,250 hours minimum.
B) No, the 1,250 hours include only those hours actually worked during the most recent past 12 months for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.
C) Yes, paid leave and unpaid leave including FMLA leave time are included when computing the 1,250 hour minimum.
D) Yes, paid leave and unpaid leave, excluding FMLA leave time are included when computing the 1,250 hour minimum.
B) No, the 1,250 hours include only those hours actually worked during the most recent past 12 months for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.
Source: Wage and Hour Division (WHD), FMLA Frequently Asked Questions, US Department of Labor
True or False: When an employee is on FMLA leave, the employer must continue the employee’s health insurance, but the employee must pay 100% of the premium, even if the employer normally pays some or all of the premium.
False. “The employer must continue group health insurance coverage during FMLA leave on the same basis as if the employee had continued to work. This means that if the plan is noncontributory (meaning the employee pays 100 percent of the premium), the employer must continue to do so for employees on FMLA leave. On the other hand, if the plan is contributory (that is, if the employees pay some portion of their premiums), the employer may require an employee on FMLA leave to continue contributing on the same basis.”
Source: The SHRM Essential Guide to Employment Law, p. 154.
The employee has provided medical certification to justify an undetermined length of leave for a serious health condition. Circumstances have not changed. How long must the employer wait before requiring the employee to provide an updated medical certification?
The employer may not require recertification more often than every 30 calendar days. If the original certification is for more than 30 days, the employer must wait until the initial certification period has passed. E.g., if the health care provider initially certifies the employee will be incapacitated for 60 days, the employer must wait until after 60 days. A change in circumstances, however, permits the employer to require recertification sooner
Source: FMLA2005-2-A, 29 CFR § 825.308
Does the following situation meet criteria for a job protected leave under the FMLA? Yes or No?
Since she became pregnant, Ms. Marney has experienced severe morning sickness and is occasionally absent from work.
Yes, any period of incapacity due to pregnancy meets the criteria. In addition, some state leave laws may provide additional benefits due to pregnancy.
Source: 2012 Convocation, FMLA Liability & Risk Management Solutions, Rob Larson – UNUM Kevin Cooksey – GBS Dallas
True or False: An employee who is receiving workers’ compensation benefits as a result of a job-related injury is not entitled to take FMLA leave.
False. “An employee’s workers’ compensation absence may be due to an on-the-job injury or illness that also qualifies as a serious health condition under the FMLA. In this scenario, the workers’ compensation absence and FMLA leave may run concurrently.”
Source: The Employer’s Guide to the Family and Medical Leave Act, p. 69.
Does it make a difference if the employee is full time or part time?
A) No, all persons on your payroll disregarding their FLSA status are covered under the FMLA and all of its provisions.
B) Yes, employees must be full time to be covered under the FMLA and all of its provisions.
A) No, all persons on your payroll disregarding their FLSA status are covered under the FMLA and all of its provisions.
Source: Wage and Hour Division (WHD), Fact Sheet #28: The Family and Medical Leave Act, US Department of Labor
In the FMLA regulations, what is the maximum number of days an employer may retroactively designate leave as FMLA leave? (Note: FMLA requires a specific time period, plus three very limited exceptions).
A) 2 days
B) 3 days
C) 5 days
D) 7 days
In general, the employer may not designate FMLA retroactively for more than two business days. Three exceptions, however, may apply:
If the employer doesn’t learn of the need for FMLA leave until after the leave has begun, the employer may retroactively designate FMLA leave to the date of the qualifying event (29 CFR § 825.208(d)). For example, if an employee suffers an injury while on paid vacation, the employer may retroactively designate the time commencing with the date of injury as FMLA leave.
If the employer does not know the reason for an absence, and the employee notifies the employer of an FMLA-covered reason within two business days after returning to work, then the employer may retroactively designate the leave as FMLA (29 CFR § 825.208(e)(1)).
If the employer has made a preliminary designation of FMLA leave, conditioned upon providing timely medical certification, the employer’s preliminary designation becomes final when the employee provides the timely certification (29 CFR § 825.208(e)(2)).
Source: The Employer's Guide to The Family and Medical Leave Act, US Department of Labor
True or False: Although FMLA leave is unpaid, the employer can require its employees to use any available paid vacation or paid time off concurrently with FMLA.
True. “An eligible employee may choose, or an employer may require the employee, to substitute accrued paid leave for FMLA leave. ‘Substitute’ means that the accrued paid leave will run concurrently with the unpaid FMLA leave.”
Source: The Employer’s Guide to the Family and Medical Leave Act, p. 57.
Does the following situation meet criteria for a job protected leave under the FMLA? Yes or No?
Marcus Doe is receiving treatment for substance abuse on an out‐patient basis.
Yes, as long as all FMLA conditions are met and treatment is administered by a health care provider or by a provider of health care services on the referral by a health care provider. Absence due to the use of the substance would not be protected.
Source: 2012 Convocation, FMLA Liability & Risk Management Solutions, Rob Larson – UNUM Kevin Cooksey – GBS Dallas
Who is chief human resources officer at Cleveland Metroparks?
Harold Harrison
True or False: When requesting FMLA for a serious health condition for him/herself, it is required that an employee sees a health care provider.
B) True, for most cases, the employee must see a Healthcare Provider, Physician Assistant or other recognized provider. 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.
Source: Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act, US Department of Labor
True or False: When an employee and his or her spouse work for the same employer, they may each take the maximum amount of leave allowed by the FMLA for the birth of a child.
The correct answer is false. “When a husband and wife are employed by the same employer, they are entitled only to a combined total of 12 weeks FMLA leave if the leave is based on the birth of a child or the placement with them of a child for adoption or foster care.”
Source: SHRM Essential Guide, p. 154.
How soon after an employee provides notice of the need for leave must an employer notify an employee that the leave will be designated and counted as FMLA leave?
A) 1 day
B) 3 days
C) 5 days
D) 7 days
Under the regulations, an employer must notify an employee whether leave will be designated as FMLA leave within five business days of learning that the leave is being taken for a FMLA-qualifying reason, absent extenuating circumstances.
Source: Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act, Department of Labor
Does the following situation meet criteria for a job protected leave under the FMLA? Yes or No?
Sheba Vee requested a leave to care for her grandmother with cancer who is hospitalized. Sheba’s grandmother raised her as a child.
Yes – because Sheba Vee’s grandmother raised her “in loco parentis”, Sheba’s grandmother is considered a covered family member under the FMLA. In addition, some state leave laws cover grandparents.
Source: 2012 Convocation, FMLA Liability & Risk Management Solutions, Rob Larson – UNUM Kevin Cooksey – GBS Dallas