CLMS Modules 1-3 Exam Prep (Latest 2024/ 2025 Update) Questions and Verified Answers| 100% Correct
CLMS Modules 1-3 Exam Prep (Latest 2024/
2025 Update) Questions and Verified
Answers| 100% Correct
Q: Children
Answer:
Biological, step, adopted, foster, legal ward/custody, in Local parentis, adult children
Q: Parents
Answer:
Biological, adopted, step, foster parents, in loco parentis
Q: Spouses
Answer:
Legally married, common-law spouse, the state of celebration man- dates the legal union, not
state of residence or employment.
Q: Next of kin
Answer:
The nearest blood relatives other than spouse, parent, son or daughter (e.g., Siblings,
grandparents, aunts, uncles, cousins)
Q: Bonding with a child
Answer:
FMLA leave to bond with a newborn or newly adopted or fostered child must be taken within
one year of the child’s birth or placement for adoption or foster care.
If biological mother is also recovering form the birth, that time is designated as her “own health
condition”. Bonding time begins once she is no longer disabled Fathers may also take bonding
time, regardless of marital status.
Employees working for the same employer may be required to share the 12 weeks for bonding, if
the child is ill, however the parents may not be required to share the
12 weeks
Q: Adoption and Foster Care
Answer:
Leave may be taken before the actual placement or adoption of the child if the absence is
required part of the process.
Examples include home visits, counseling sessions, meeting with attorneys, travel
to another state or country to complete the process.
The source of adoption is not a factor; it does not have to be a specific agency type.
Q: Care of a Family Member
Answer:
The family member must meet the definitions iden- tified under the serious health conditions.
An “Adult Child” must have a disability and require active assistance or supervision with three
or more activities of daily living or instrumental activities of daily living. Ther is no “three-day”
requirement for the employees leave as long as the family member meets the definition of a
serious health condition.
The employee need not be the only individual or family member available to care for the
qualifying family member.
Q: Military Caregiver Leave
Answer:
The employee may take leave to care for a parent, spouse, child or next of kin.
The illness or injury must be the result of active duty or existing condition exacer- bated by
active duty.
Leave is taken “per member, per illness” if the service member suffers a second injury, the
employee may take a second leave. However once the employe take time for that service
member for the specific injury, the employee may NOT take a subsequent period of time in the
next year.
Military status must be currently active or a veteran. A veteran is defined as active within the past
five years of leave request and not dishonorably discharged.
Q: Federal FMLA Caregiver Relationship : Minor Child
Answer:
Parents may have a biological, adoptive, foster, step or “in loco parentis” relationship. A
biological or legal connection is not required.
Adults who have day to day responsibilities for a child may qualify for leave under the “in loco
parentis” guidelines.
Q: In Loco Parentis Guidelines
Answer:
Considerations include the age of the child, the extent of dependence, amount of financial
support, and the extent of the parental duties provided.
Employers may only require an employee affidavit with proof of the relationship.
Q: Do you need to have physical custody of the child in order to qualify for FMLA for adoption
or foster care?
Answer:
False, leave may be taken before the actual placement or adoption of the child if the absence is a
required part of the process.
Q: Federal FMLA Caregiver Relationship: Adult Child
Answer:
An adult child is a child 18 years of age or older and meets the definition of a child as outlined
for minor children. They also require assistance with three or more activities of daily living
(ADLs) or instrumental activities of daily living because of a mental or physical disability that
substantially limits one or more major life activities.
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The individual with the serious health condition must always be under a treatment plan False- Permanent or long term conditions for which treatment may not be effective can qualify, such as Alzheimer’s or end of stage of a terminal illness. However, the patient does not need to be under the supervision of a healthcare provider, even if no treatment is administered.
Which of the following examples would NOT qualify as a serious health Condition? Bi-annual colonoscopy pre day and procedure.
The FMLA defines a serious health condition as one in which an employee is unable to perform ONE of the essential functions of the employee’s position. True- An employee need only be incapable of doing at least one essential function of his job.
Which of the following medical conditions would likely have a predictable absence schedule, requiring the employee to provide advance notice of leave? Pre-natal routine care- These appointments occur on a defined scheduled an allow for an employee to provide advance notice of the need for the absence. This ensures the least disruption to the company’s operations. An employer may require advance notice only for circumstances in which the absence is reasonable.
which option accurately reflects qualified FMLA time off for bonding offered to an employee? Birth of biological child, adoption of a child, or placement of a foster child. The birth of a new biological child or the placement of an adoptive/foster child are the only reasons an employee may take time under the bonding rules. Although a stepchild and a child in the employee’s custody as a ward of the state my qualify under caring for a family member with a serious health condition, they are not qualified under bonding time.
Workweek Example 1: in a five day workweek, if an employee is scheduled to work five days, each day is worth 1/5 or 20% of a week. If an employee takes a three-day absence, they have taken 3/5 or 60% of the week.
Workweek Example 2: if an employee is scheduled to work four days during a week due to holiday, then each day is worth 1/4 of a week. If an employee takes all four days they have used one full week. Whereas, if an employee takes a three-day absence, they have used 3/4 or 75% of the work week.
Shannon and Elizabeth are co-workers. They are both pregnant and due around thanksgiving. Shannon works 5 days each week, for a scheduled eight-hour day. Elizabeth works Monday, Wednesday, and Friday only and on those days is scheduled for eight hour days. Therefore, Shannon is entitled to 12 workweeks based on a 40-hour schedule, and Elizabeth is entitled to 12 workweeks based on 24- hour schedule. All absences are calculated as fraction of the employee’s individual schedule. For a traditionally week, with no holidays, if Shannon takes one-eight-hour day, she has taken 1/5 of workweek ( also calculated as 20% of a week). If Elizabeth also takes one 8-hour day, she has used 1/3 of a workweek (also calculated as 33% of a week) as she is only scheduled 3 days. Elizabeth takes off Wednesday through Friday the week of Columbus Day, when the office is closed on Monday. What fraction of the week has Elizabeth taken? One week- Elizabeth does not work on Tuesdays or Thursdays, so her absence was only Wed & Fri for a week where she was just scheduled to work on Wed & Fri. Therefore, of her two scheduled days, she took both of them which equals a full workweek.
Shannon and Elizabeth are co-workers. They are both pregnant and due around thanksgiving. Shannon works 5 days each week, for a scheduled eight-hour day. Elizabeth works Monday, Wednesday, and Friday only and on those days is scheduled for eight hour days. Therefore, Shannon is entitled to 12 workweeks based on a 40-hour schedule, and Elizabeth is entitled to 12 workweeks based on 24- hour schedule. All absences are calculated as fraction of the employee’s individual schedule. For a traditionally week, with no holidays, if Shannon takes one-eight-hour day, she has taken 1/5 of workweek ( also calculated as 20% of a week). If Elizabeth also takes one 8-hour day, she has used 1/3 of a workweek (also calculated as 33% of a week) as she is only scheduled 3 days. Shannon also takes off Wednesday through Friday the week of Columbus Day, when the office is closed on Monday. What fraction of the week has she taken? 3/4 (75%) Shannon was scheduled to work only 4 days that week as the office was close don Monday (counted as a non-scheduled work day). Because she took Wed, Thurs and Friday off, her absence accounted for three of the four days she was scheduled. (75% of the work week)
All employee’s who are entitled to leave may take a total of 480 hours of leave. False- Each employee’s entitlement will be based on their individual schedule. 12 workweeks will equal 480 hours only for employee who work exactly 40 hours per week (12*40=480)) with absolutely no deviation and no adjustment for holidays.
Reasons for qualified military exisgency leave under the FMLA Short notice deploymentMilitary events and related activitieschildcare and related activates care of military member’s parentFinancial and legal arrangementsCounselingRest and recuperationPost-deployment activities Any event the employee an employer agree is qualified.
Qualified family members may take up to a total of 26 workweeks to care for family members who are members of the armed forces due to serious illness or injury. illness or injury must have been incurred in the line of duty, active duty. The 26 workweeks are combined with the original 12 workweeks (NOT additional 26 weeks)illness or injury was prior condition aggravated by service in the line of duty.
The federal FMLA allows 12 workweeks for all leaves and qualified relationships. Some military related leaves allow an additional 14 weeks for a total of up to 26 weeks. Which of the following relationships would ONLY qualify under military leave? Sibling
if an employee requests leave to care for their qualified family member under the military caregiver provisions the service member must be on active duty at the time of initial illness or injury. False- The illness or injury can be a result of a service in the line of duty or be a prior condition which was aggravated by service in the line of duty. The leave may qualify if the service member has been honorably discharged within the 5 year period to the request of leave.
Military exigency and military caregiver leaves NOT additional leave entitlements above and beyond time for the FMLA. True- Military exigency and military caregiver leave are simply two additional leave categories under the FMLA. All leave taken under both of these leave types will be deducted from the standard 12 workweeks of time available. However, military caregiver leave provides up to another 14 weeks for a total of up to 26 weeks. Up to the first 12 weeks are taken from the basic FMLA entitlement.
In order to be eligible for FMLA leave which of the following is required? All of the above- Employee must work 1250 hours in the last 12 months, must have worked for company or at least 12 months within the past 7 years. Must work at a site that has 50 employees with an 75 mile radius.
An employee worked for the same company with a four year break. Upon return they worked 11 months at 100 hours per month. The employee requests leave. Which answer best describes their circumstance. Employee is not eligible because they do not have enough hours worked.
Jeremy took April off to attend Argentina to finalize ppwk for adoption. Then will return home for 2 months. Then on july 1st take off one month to get to know baby/Argentina. Then within 1 year request bonding leave. Jeremy’s absence in April is not covered b/c Jeremy did not have physical custody of the baby during the visit? False. Employees may take FMLA leave before the actual placement or adoption or foster care placement to proceed.
choose the correct one All three periods of time will be approved as long s Jeremy’s employer is okay with intermittent bonding.
Even though Jeremy did not provide 30 days of advance notice for the initial visit and cultural learning sessions, his employer may not delay his initial 30 day visit in april b/c it is a required part of the adoption process. False- an employee must provide the employer at least 30 days of advance notice before FMLA leave is to being i the need for the leave is foreseeable based on the expected birth of a child, adoption or foster care placement, or any planned medical treatment for a serious health condition. when the need for FMLA leave is foreseeable at least 30 days in advance an employee fails to give timely notice with no reasonable excuse the employer may delay FMLA coverage until 30 days after the date the employee provides notice.
An employee must have a biological relationship with or a legal responsibility for a child in order to take FMLA leave. “False- There does not need to be a biological or legal connection with a child in order to take FMLA leave. The employee need to only have day-to-day responsibility for the child, otherwise known as “”loco parentis”””
“Which of the following family members living in the same house with a minor child could claim an “”in loco parentis”” relationship if the child had a serious health condition.” “All of the above: Grandmother, uncle, stepfather. All of the individuals listed could claim an ‘in loco parentis”” relationship. An individual who has day-to-day responsibility for the care of a child may be entitled to leave regardless if there is a biological or legal relationship.”
The stepson, stepdaughter, or stepparent of a covered service member can take military caregiver leave. “True- Under the FMLA for military caregiver leave, a “”son or daughter of a covered service member”” means a covered service member’s biological, adopted, or foster child; stepchild; legal ward; or a child for whom the employee stood “”in loco parentis”” and who is of any age. A “”parent of a covered service member”” means a covered service member’s biological, adoptive, step or foster father or mother, or any other individual who stood”” in loco parentis”” to the covered service member. This term does not include parents “”in law””.”
An employee may take FMLA leave to care for a covered service member and also for another FMLA qualifying reason during a single 12-month period. True- Regulations provide that an eligible employee is entitled to a combined total of 26 workweeks of military caregiver leave and leave for any other FMLA-qualifying reason in a single 12-month period. At no time, may any other leave besides military caregiver leave be great than the original 12 workweeks. Example: in a single 12-month period, an employee taking a 26-week absence could take 12 weeks to care for a new born child and 14 weeks of military caregiver leave. However, the reverse is not true. An employee cannot take 16 weeks of leave to care for a new born child and 10 weeks of military caregiver leave.
Which of the following statements is NOT true regarding leave for a seriously injured a service member? The illness or injury must occur out of the country. The illness or injury does not need to occur out of country but must be incurred in the line of duty or be a pre-existing injury that was aggravated by service in the line of active duty.
Any employee may take FMLA leave to take a grandchild to a therapy appointment if the child’s parent is deployed on a military training in another state and the military member is a qualified relationship to the grandparent. False- the qualifying exigency must arise out of the foreign deployment or the employee’s spouse, son, daughter, or parent.
On July 6, Julia took ten weeks of military caregiver leave to care for her husband, James, who was severely injured as a result of an explosion in the line of duty. He sustained head, neck , and leg injuries. On Oct. 1, James is diagnosed with a brain injury, resulting from the same accident. How much additional leave is Julia entitled to take between Oct.5 and Dec. 31 of that year? 16 weeks- Military’s caregiver leave provides an additional 14 weeks of leave An employee may take a combined total of 26 workweeks in a 12-month period. The calendar year is not a factor. Julia may take as much a s 16 additional weeks until July 5 of the next year. Reasons other than Military caregiver leave my not total more than 12 weeks.
Between July 6 and Dec. 31 of last year, Julia takes 22 workweeks of leave to care for her husband under military caregiver leave. On Oct. 5 of last year, her sister was injured while on active duty. How much leave was julia entitled to take to care for her sister within the same 12 months, ending n July of this year? 4 work weeks,. 26 weeks is the cumulative amount of time allowed in any 12-month period of all instance of military care giver leave.
“If an employer tracks FMLA leave using the “”calendar year”” counting method, they must also track the 26 weeks of military caregiver leave using a calendar year to ensure a consistent process and treatment of employees.” “False-The 12-month period for military caregiver leave is tracked starting on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12-month period established for other FMLA leave reasons. This method is called “”Rolling Forward””.”
Under the FMLA, which of the following DOES NOT qualify as an exigency for military families. Pre-deployment vacation-An employee may take a short-notice deployment leave u to seven days to address issues that my arise prior to being deployed. However, they may not simply take a vacation if the deployment has advance notice.
Molly works FT and lives in ORMolly is pregnant need 8 weeks for complicationsincludes 2 weeks of parental leave and 6 weeks of post part leave.Shortly after RTW Molly’s mom is ill and she request 4 weeks of leave to care for her mom. Her mom passes away at the end fo the second week of leave. Will Molly be approved for all 4 weeks of her leave request given that her mother passed away before the end of the leave? Yes, the period of absence when Molly’s mother was alive is covered under both federal and sate leave. The final two weeks of leave will be covered only under state leave as bereavement is an approved leave reason under state of OFLA, but not under the federal FMLA
Tony lives in Massachusetts and has child bornin February. He and his spouse then adopt twin in August. How much leave time is Tony entitled to under Massachusetts parental Leave? Eight weeks in Feb and 16 weeks in August. Mass Parental Leave allows apparent to take 8 weeks of leave for each child birth or adoption. Tony has 3 children arrive in one year and is eligible to take eight weeks of leave in February for his biological child and eight weeks of leave for each adopted twin n August for a total of 24 weeks of leave.8 weeks for first child8 weeks for first twin8 weeks for 2nd twin allowed 8 weeks per child
California Family Rights act (CFRA) offers very similar benefits as the federal FMLA with a few noted exceptions. it does not cover period of pregnancy disability and periods of bonding may not be required to be continuous.
California Pregnancy Disability Leave (PDL) is an additional program. It offers 17.3 weeks of leave for pregnancy disability only, which is an addition to CFRA leave. It runs concurrently with the Federal FMLA. There is no eligibility requirement for this leave as it is available to employees on the first day of their employment with any company regardless of employer size.
An employee in CA has worked for her employer for 11 months working 20 hours per week. She requires an eight week absence due to pregnancy complications. What will be the outcome of her leave based on federal FMLA and California pregnancy’s disability leave. PDL requirements. All 8 weeks will be denied. for the first 4 weeks the EE will not have met their one year of service. even after the initial 4 weeks the only working 20 hours is not enough to meet the 1250 hours within 12 month period. All of the leave requested is covered by CA PDL for the following reason. CA PDL does not have a length of service of hours worked requirement so the EE is entitled to leave as of the first day of employment.
District of Columbia FMLA 16 weeks within 24 months but can take an additional 16 weeks to care for family member. Person to who the employee is related by blood legal custody marriage and sharing a mutual residence and committed relationship to be included in the definition.mandated that leave must be shared if EE’s work for the same ER only in DC but federally it is left to ER to decide
If Annabeth takes 14 weeks of leave to care for her sister, how much federal an state leave time will she have remaining for the 24 month period? A siblings qualified relationship under sate law ONLY, so Annabeth will be eligible for leave under state law but not eligible for federal FMLA leave. Annabeth will have state leave bank of two weeks remaining over the 24 month period to care for frailly member and 16 weeks for her OSH. In additional she will have her full federal leave bank of 12 weeks each year for any qualified reason which may run concurrently with state leave if the reason qualifies for both programs and the time is available.2 weeks left after using 14, then 16 weeks for own SHC and then 12 weeks of FMLA.
NY PFL Regulations create a mandatory benefits that ensures paid time off and job protection to employees for three reasons: To bond with a new childTo care for his or her seriously ill family memberTo handle a variety of family matters that arise for a qualifying military exigencyThis benefit is available for all employees regardless of the size of the company and is administered by a company’s Disability Benefits Law (DBL) insurance carrier. The leave is funded through a payroll deduction. While DBL covers an employee’s own non-occupational injury or illness, PFL is used to provided income while taking care of someone else in the employee’s family.
NY PFL Payment Beginning in 2021 employees are entitled to twelve weeks of PFL. They will be paid for weeks or individual days at 67% of their average weekly wage, up to a cap of 67% of the current statewide average weekly wage. EE must provide 30 days in advance notice for foreseeable and ASAP for non foreseeable.
Can EE collect income reimbursement for both their own health condition under short-term disability and NYPFL at the same time? No. A combined total of 26 weeks of New York disability and PFL benefits is allowed whether for their own illness or that of a family member. the NY PFL payments may cover both weekly absences and day-long absences (intermittent leaves)
Rhode Island TCI Temporary Caregiver Insurance (TCI)State paid program in place to care for family memeber.allowed 4 weeksReasons: exigency is not included as leave type so no militaryRelationships: Grandchild is not included as qualifying relationship.
Massachusetts Paid Family and Medical Leave provides up to 25 weeks off for medical an family reason to eligible employees who work in the state. Under the law leave duration varies based on the reason for leave: employees may be eligible for 12 weeks for child bonding or military exigency, 20 weeks for the employee’s own serious health condition, or 26 weeks for military caregiver leave. Beginning July 2021 Employee’s may be eligible for 12 weeks of leave to care for a family member with a serious health condition
Under the Massachusetts law covered individuals include: W2 workers who work in Mass FT or PT, Seasonal self employed individuals1099-MISC workers who work in Mass do not qualify as independent contractors, and who make up more than 50% of their employer’s workforce. Former employees (up to 26 weeks)
It is the employer’s responsibility to confirm if an employee is eligible for FMLA leave, each time an absence occurs for the same reason. False- Once an employee has met the eligibility requirement for a specific reason and the relationship their eligibility for that reason may not e recheck for one year.
You received a certification for Absence, plus treatment, of severe respiratory issues, possible bronchitis. The physician indicates she consulted with the EE over the phone, provided prescriptions, and authorized the claimant to miss four days of work until the antibiotics have taken effect. This information is sufficient to define a serious health condition. False. Under definition of incapacity plus treatment the patient must have seen the healthcare provider two or more times in person or have had at least on in person visit that resulted in a regimen of treatment under the supervision of the healthcare provider. A phone call with the physician does not meet the requirements set forth by the DOL to be considered an in person visit.
Which of the following is a qualified health care provider? Nurse practitioner, Midwife, Dentist? All of them
Which ONE of the following meets the definition of s a SHC w/ any additional med info? Hospitalization
Which of the following does NOT need to be included in a written policy? The contents of the DOL FMLA poster, which 12-months calendar counting method, the employee policy on how to use paid leave benefits and the rights to benefits while on leave are all required to be part of the written handbook. The list of approved reason and the approval rate is NOT needed.
For employees who primary language is not English, an employer must post an FMLA poser in language in which the employees are literate. “The FMLA indicates that a second language poster need only be posted if a “”substantial portion”” of the workplace speaks another language.”
“Erin is often late for work. She’s been written up for this behavior previously. Today she calls in unexpectedly, indicating that her mother fell in the shower. She’s at the hospital and says that she’ll likely need several weeks off to care for her. Select the response that is MOST LIKELY to violate the FMLA’s statement that it is unlawful for an employer to interfere, restrain, or deny the exercise of …any right provided under “” the FMLA?” I’m sorry to hear about your mom, but your absence puts us in a very difficult position.
Because Jury duty is required, not optional, all employers must provide pay False-
Which of the following is NOT true about paid parental leave:-paid programs can be employee-funded and/or employer-funded-it may be used for sick child or well-care visits-it may be used for care of an elderly parent-All of the above it may be used for care of an elderly parent
Worker’s comp covers which of the following benefits?income replacementdeath benefits to dependentsmedical coverage in addition to income replacementall of the above All of the items
WC/FMLA approval or denial of a worker’s com claim does not have an impact on FMLA usage. Any leave should be reviewed independently under both programs. Although an employer has the right t o be more generous and not count FMLA leave during the period of a compensable worker’s com leave the employee maintains all rights and benefits under the law.
by law does EE need to provide ER med cert? if 3rd party vender already approved absence? No.
Co-Sourcing The process of shifting a specific set of task to an external service provider while maintaining internal control of the remaining programs.
Insourcing The process of managing services internally without the use of external service providers
Outsourcing Outsourcing The process of shifting internal services or functions to an external service provider.
What specific information is protected by HIPAA? An individual’s past, present, or future physical or mental health conditionThe provision of healthcare to an individualThe payment for the provision of healthcare.
False-medical records, including information regarding their condition, genetics, disability and reasonable accommodations must be kept secure but specifically separate from other personnel files. An employee’s medical information that is kept in their personnel file and in a locked file cabinet is duly considered protected under the ADA.
Protected generic information under GINA includes which of the following? The medical history of the employee and any family members, including any genetic testing regardless of the results of the test.
An employer may use an employee’s genetic information if the employee is exhibiting related health issues that may impact the safety of the employee or others around the employee. False
Active Duty Regular armed forces, duty during deployment of the member to a foreign country or Reservists (National Guard and Reserves) duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation.
Reasons for qualified military exigency leave under the FMLA Short-notice deploymentMilitary events and related activitieschildcare and related activities care o military members parentfinancial and leagal arrangementscounselingrest and recuperationpost-deployment activities Any event the employee and employer agree is qualified.
Service Member must qualify as one of the following: currently activedischarged within the 5 year period before the requested leavedischarged member cannot have been discharged dishonorably.
DOL Department of Labor
FMLA entitles eligible employees to take unpaid job protected leave for specified reasons such as the serious health condition of the employee or a family members who are caregivers of an injured service member who are caregivers of an injured service member or when a family member is deployed for military service. The employee rec’d job protection in the same manner as if they had continued employment during their absence including the maintenance of employee benefits.
Exceptions to FMLA Eligibility Airline flight crewsMilitary servicePublic employersIndependent contractorsjoint employment
How far in advance does EE have to submit Absence request 30 days in advance
FMLA Life Cycle Eligibility- EE meet the requirements Availability- EE have time remaining/exhaustion?Process Compliance-EE follow reporting requirements/handbookQualifying need- EE leave meet the defn of qualified reason/relationship
FMLA entitles eligible EE to take unpaid job protected leave to care for fam members. FMLA also applies to qualified fam members who are caregivers of an injured service member or when fmla member is deployed for military service. Minor Children-Biological, adopted, step, foster, legal ward/ custody, in loco parentis, adult childrenParents-Biological, adopted, step, foster parents, in loco parentisSpouses-Legally married spouse (opposite sex and same sex) Common law spouse, the state of celebration mandates the legal union, not state of residence or employmentMilitary-The nearest blood relatives other than spouse, parent, son, or daughters (e.g., siblings, grandparents, aunt, uncle, cousins)
bonding with new child must be taken within 1 yearfor adoption/fostering/placementif mom is also recovering it is considered OSH not bondingFathers can take bonding time regardless of marital statusSharing of leave entitlement is dependent on ER
Adoption and foster care leave can be taken prior to actual adoption if required for part of process such as home visits, counseling sessions, meeting with attorneys, travel to another state or country to complete process. Does not have to be a specific adoption agency or source
Care of Fam Member EE fam member must meet defn for OSHAdult child must have disability and require assistance with ADLs3 day requirement is not needed if EE fam member meets one of the defn of OSH
Military caregiver Leave EE may take leave to care for parent/spouse, child or next of kin.Illness/injury must be per member per illnessMilitary status must be currently active or veteran (within 5 years) and not honorably discharged.
ADLs Activities of Daily Living such as eating, dressing, bathing.
IADLs Mental or physical disability that substantially limits one or major life activities
Loco Parentis must exist when EE was minor, affidavit can be requested. When adults have day to day responsibilities for a child.
Qualifying leave entitlements Military’s events and related activitieschildcare and related activitiesTemporary rest and recuperation Post deployment activitiesfinancial and legal arrangementsshort notice deployment care of military members parent counselingother needs as agreed
State FMLA requirements Length of serviceHours workedLength of leave Reason for leaverelationship qualifiersother differences
What state allows intermittent bonding without restrictions? Hawaii
Most state laws require 1 year cumulative service, what state does not have a work history requirement? CA= CA PDL California’s Pregnancy Disability Leave
Federal FMLA for most states require 1250 hours worked, what state requires only 1,000 hours worked? Connecticut
PTO normally means Paid Time off as in vacation. However, which state defines the PTO as hours worked requirement as hours paid, rather than actual hours worked? Wisconsin
Reason for Leave my differ per state, what state allows for well-care appointments for children and parents to count? The commonwealth of Massachusetts
Relationship qualifiers: Most states follow FMLA relationship rules which include: self, parent, spouse, child relationships. Which states allow relationship connected by blood, marriage and legal custody? The District of Columbia
Family Medical Leave Similar to FMLA, will cover both the serious health condition of a employee as well as those of a qualified family member.
Medical Leave exclusively cover the absence needs for EE’s own health condition
Maternity Leave covers expectant mothers and those who have recently given birth during their period of incapacitation. some leave laws might cover adoption periods.
Paternity Leave may be taken by the father who is bonding only and does not have any medical incapacitation as a result of the birth.
Parental Leave for parents to participate in school activities for their children. can be called school leave. However, some parental leaves laws now refer to leave for parents to bond with a new child/ and or toe care for a child during the period of a non-serious health condition.
Paid sick leave not mandated at federal leave, but many states and municipalities are now requiring ER’s to gran their EE’s the ability to accrue paid time off to care for their own minor illness or that of a family member.
Oregon Bereavement Leave EE to take up to 2 weeks of leave within 60 days of the death of a qualified fam member. Qualified Fam members are: parent in law, grandparent, grandchild and same gender domestic partner.
Which state allows gender neutral law and allows EE to take 8 weeks of leave per birth or adoption? Massachusetts
Annabeth has 4 separate, continuous absences a 14-month (104 week) period weeks 1-14 are taken to care for her sister.She rtn to work for weeks 15-36weeks 37-52 taken off for rotator cuff sx w/complications rtw at week 53 (beginning of year 2 through week 74nephew is in accident she takes week 78 and 79 offb/c she had already scheduled weeks 85-96 for moms hip sx able to RTW at the end of 24- month (104 week period)Are all of Annabeth’s absences described on the pervious slide covered under federal and/or District of Columbia state leave laws? Yes, All four absences periods were covered under on or both of the leave laws.
PFL amount of time allowed? Benefit amount? 12 weeks of PFL67% of their average weekly wage up to a cap of 67% of the current statewide average weekly wage.
can EE collect income reimbursement for both their own health condition under short term disability and NYPFL at the same time? No
EE can take a combined total of 26 weeks of NY Disability and PFL benefits for own illness or for family member illness. true
NY PFL payments cover what type of absences? Weekly absences and day-long absences (continuous and intermittent)
Can EE have several leaves approved for diff fam members at the same time if total does not exceed 26 weeks for DBL and 12 week for PFL? true
Tony lives in Massachusetts and adopts a aby Jan. 11, 2021. He applies for eight weeks of baby bonding leave under MA PFML, starting on the adoption date. In June of that same year, his mother in law suffers from a stroke and requires constant care. Tony applies for eight weeks of leave to care for her beginning on June 21. Under MA PFML how much leave could Tony potentially qualify for? Eight weeks of baby bonding, plus four weeks of time to care for his mother in law, beginning on July 1, when care for fam member becomes available.
Medical Certification Rules Generally EE has 15 days to complete HC. EE must pay any costs for the cert/delivery to ER.
ER & Certs ER do not have to request certsThey can request certs, if so must be done with 5 business days. can request at later date if have reason/need validity of leave. cert request must be in writingif requesting subsequent certs-verbal request is okonce leave is approved/must not be questioned for 1 year
incomplete certification certifications that are missing required information
insufficient certifications certifications that provide some info but are lacking necessary details to allow for decision making.
Incomplete/insufficient certs process ER must provide written notice explaining specifically what is missing on the cert. EE must be provided min of 7 days to provided completed cert. If EE fails to do so, ER can make decision and issue partial/full or denial of leave request.
How often can ER request certifications? No more often then 30 days and only in connection with absence by EE.
What is the earliest an ER can request recertification? If leave is more than 30 days ER must wait until after duration to request.Indefinite duration ER can request recertification every 6 months.
What reasons will allow ER to request recert earlier than 30 days? EE request leave extncircumstances have changedER has received info that causes reason to doubt validity of existing cert
medical certification ER may require EE to submitHas to be filled out by healthcare providerOSHC or care of a fam member HCMust let EE know which cert is requiredmust respond to request within 5 business days
What information is needed on a HC? HC provider info/contactmedical factslength of conditions/ job function if care of fam member is neededintermittent leaves include f/ddepending on condition ER can request cert every year
What can an EE’s direct supervisor never do? ask for information regarding certification
Recertification rules ER may request same info for recert as what was on original. ER may provide the healthcare provider with EE’s records of absences to see if consistent with sHC.EE responsible for HC costER cannot request 2nd/3rd opinion processER must provide at least 15 days to provide recert
Foreign medical certifications can be accepted by 3rd party if EE is in foreign country. But ER can request translation if not written in English.
Is it the ER’s responsibility to confirm an employee’s is eligible for FMLA leave each time an absence occurs for the same reason. false
if EE in military and has to leave their spouse can care for in law. True
If an employee has legal power of attorney for an individual this fact does not create a covered relationship. true
FMLA caregiver Relationship: Spouses covered: opposite/same sex marriagesnot covered: civil union/domestic partnership
Employees may take up to 12 workweeks in a 12 month period for a qualifying exigency as a result of active duty or federal call to active duty status in support of a contingency operation. true
Military events and related activities official ceremonies, programs, events info briefings, fam support or assistance programs sponsored by the military, military service orgs, American red cross that are related to members deployment
Short Notice deployment may address any issue that arises from the short notice deployment for period of up to 7 days from the day of notice.
Care of a military member’s parent covers certain activities related to care of military member’s who is incapable of self care such as arranging for alternative are providing care on a non routine, urgent immediate need basis, or admitting or transferring a parent to a new care facility.
childcare and related activities leave can be taken to address childcare and related activities. such as arranging for alternative childcare, providing childcare on a non routine, urgent, immediate need basis, enrolling/transferring child to new daycare/facility
Counseling leave can be taken for counseling for EE, military member, child of the military member as long as need/related to military.
financial and legal arrangement can take leave to make or update financial and legal arrangements to address a military’s members absence while on covered active duty. This includes preparing/executing financial and healthcare powers of attorney, enrolling in the defense enrollment eligibility reporting system (DEERS) or obtain military ID cards
Temporary rest and recuperation can take up to 15 days to spend with military member who is on short term rest and recuperation leave during deployment. leave must be taken while the military member is on leave.
Post deployment activities leave can be taken to address certain post deployment things within 90 days of the end of the military member’s covered active duty. Includes the following:ceremoniesreintegration briefings/eventsofficial ceremonies/program sponsored by the militaryaddressing issues arising from death of military member including attending funeral.
other needs as agreed leave can be taken for any other event that the EE and ER agree upon as a qualifying exigency.
What state provides 12 weeks of leave within a 24 month period New Jersey
What state covers leave only for Family Members and not self. Ex: if EE uses 12 workweeks for SHC under FMLA than 12 workweeks will remain unused. New Jersey
Which state allows for common wealth: allows for well-care appointments for children and parents? Massachusetts
Oregon Law: any woman using pregnancy leave is entitled to an additional 12 weeks for any other qualified purpose. True
Oregon Law: leave for a sick child where the child does not have aa serious health condition is allowed. True
Oregon Law: if parent takes the full 12 weeks for parental leave after the birth or adoption of a child they may take an additional 12 weeks for sick child leave but not for any other reason. True
Oregon Law: qualified relationships are extended to parent-in-law, grandparent, grandchild, and same gender domestic partner. True
MA Parental leave gender neutralallows EE to take 8 weeks of leave per birth/adoptionno limit on number of weeks used in specified periodleave must be taken not substantially earlier or later than the birth or placement
CA Scenario: immediately after the disability period, Hanna requests bonding time for 2 weeks and then 8 weeks of intermittent leave. Intermittent schedule will use 4 weeks of leave. Her ER does not allow bonding to be taken intermittently/reduced sched.How is leave applied?End of bonding EE RTW FT, has been employed for 70 weeks and has been absent for 26 weeks. Weeks 1-8-FMLA denied not eligible yet, State PDL approved. Weeks 9-16-FMLA and state PDL approvedWeeks 17-18- FMLA and CFRA leave is approvedWeeks 19-26 FMLA denied b/c ER does not allow intermittent bonding. CFRA is approved. Hanna still has 2 weeks left of FMLA and 2 weeks left of CFRA to be used for any reason.
NY Scenario: Mia is approved to take four weeks off for knee sxShe will receive partial income replacement through STD During her absence her daughter gives birth w/compilationsMia is not able to RTW as crane operator, she is able to assist her daughter during recovery period. Result: At this time mia will not be entitled to income under STD and NY PFL.
What are the 4 counting methods? Rolling forwardRolling backwardscalendar Yearfixed year
Reasons for Leave EE own SHCany period of incapacitation due to pregnancyto care for parent, spouse or child with SHCall reasons that qualify under military exigencyto care for fam member with illness or injury received in the line of duty within the last 5 years
Consequences for Not Returning explain what will happen if EE does not RTWrepayment of premiums requirement?
Use of paid programs outline any available paid leave programsprovide direction on how many EE may access pay during period of leave which are covered by unpaid job protected leave.
Bonding Use options Under FMLA ER must identify if an EE can use time to intermittently bond with a new biological child or child newly placed for adoption or foster care
ER Responsiblities meet posting requirements with visible posters/required info with ER policyoutline workflow indicating expected time from for requesting leave/receiving communicationProvide timely noticesoutline EE responsibilities /consequences if failure to meet.
Employee Enforcement Rights Wage and Hour Division administers and enforces the FMLA for all private state and local gov EE as well as federalER must provide EE with necessary info to file complaint if they feel rights have been violated.
Job Restoration Statement Identify RTW process after FMLA qualified leaveoutline process for any limitations to restoration to EE’s original position Review DOL guide to be compliant with regard to key EEs and light duty
Other policies No other policies programs, or agreements may diminish FMLA rights, not even bargaining agreementsin the event that there are other policies that impact the process or benefits of FMLA it must be identified in policy.
FMLA posting requirements poster must be in plain viewposter explains FMLA provisions/info/complaint WHDmust display in all work locations
ER notification: Eligibility Must be provided the first time the EE takes leave. Written or oralwithin 5 business daysmust inform EE of eligibility rights
ER notification: Rights & Responsibilities Notice needs to include the following:counting methodcert requirements use of PTOInstruction on health premiums if EE does not RTWNotice of key EEsEE’s ADA/benefits
ER notification: Designation ER must designate leave is FMLA qualifyingwithin 5 business days with written notification For each qualifying FMLA reason/leave included any paid leave substitution or fitness for duty requirementsthe amt of time counted against EE’s FMLA entitlement
EE Notification ongoing communication between EE/ERVerbal/written communicationonce leave is approved must reference FMLAER may require EE to communicate any changes for leave including increase/decrease/RTW intentions
Job Restoration EE must RTW to the same job or equivalent one. This means a job that is virtually identical in terms of pay, benefits, and other conditions. Including shift differentials and any benefits granted by seniority.
Maintenance of Benefits All benefits an EE accrued prior to FMLA leave must be restored when EE RTW. Cannot be required to requalify for any benefits EE had prior to leave. ER can require EE pay benefits while on leave or let benefits accumulate and have EE pay in arrears when they RTWIf EE’s premium payment is more than 30 days late and ER has provided written notice within 15 days ER can stop payment.
Rights to Recover Premiums ER may recover its hare of premiums if the EE fails to RTW , provided the reasons for not RTW are outside of EE’s control. Even if there is a lapse in coverage due to nonpayment ER must reinstate the EE’s benefits upon RTW as if EE has not been on leave.
Unpaid Leave ER needs to have clear defined policy for unpaid leavesER can allow or require salary replacement during FMLA unless prohibited by state law.ER cannot force EE to take unpaid leave if they have paid time available.
Dependent child care FSA for child care expenses. IRS requires EE to be seeking employment or employed to qualify. But can be exception for short term illness/vacations that do not exceed 2 weeks.
What are the 3 Dependent Child care FSA Payment Options? Pre-pay: EE pays in advance for deductions that would be due when EE is gone on leave.Pay as yo go: EE on leave continues to pay deductions as scheduled. Catch up: ER agrees to advance payments, EE will play catch up and pay when RTW
Navigating the FMLA Life Cycle Post FMLA poster in prominent locations at each worksiteProvide FMLA policy to all EE/new hiresEnsure notices and designation forms are up to dateHave current certifications forms on file
Name 5 things to do before Designation 1. Access leave Request2. Validate Notice Procedures3. Five Day Response4. Provide Written Notice5. Provide Certification form
List the process for FMLA after Certification 1. Communicate Designation of Leave2.Second/Third Opinion Assessment 3. Authentication and Clarification 4. Recertification 5. Fitness for Duty Certification
Theo injured back last year an was out of work for a few weeks. He has been working for months w/o pain. 3 months ago he began to complain of back spasms b/c of his physical job. When business was slow ER let EE leave early if back spasm was bothering him. Which of the following best describes the supervisors actions? The supervisor has failed to ensure Theo begins the process for seeking the job protection provided under FMLA
When Theo is ready to RTW his doc authorizes him to RTW 2 half days a week for 8 months. Theo has ben back at work for 7 months has not had issues/absences and have seemed to improve. Based on this info his ER is wondering why he needs to continue with a reduced work schedule and can now seek recertification. True
List the 5 violations of FMLA Refusal to grant FMLARefusal to restore EETerminating EEFailure to Maintain EEDiscrimination
Erin is often late for work. She has been written up previously. Today she calls in sick unexpectedly b/c her mom fell in the shower. She is at the hospital and will need several weeks off to care for her mom. Select the MOST LIKELY response that VIOLATES FMLA state that it is unlawful for ER to interfere, restrain, or deny the exercise of any right provided under FMLA. I’m sorry to hear about your mom, but your absence puts us in a very difficult situation.
A sup is reluctant to give EE who took FMLA for cancer tx responsibility for a major new project. The Sup fears that the cancer will return so he chooses to assign the project to someone else. This is an example of retaliation. True.
In oct. Steve tells ER he has to go out on leave dec 23. Steve gets performance review dec 20 and is put on improvement plan. Since he already communicated he will be on leave, can the ER follow company approved performance magmt process? Yes. EE is not entitled to any greater options around job security simply for having requested future leave.
ADA Americans with Disabilities Act (ADA)- gives civil rights protections to individuals with disabilities similar to those provide to induvial on the basis of race, color, sex , national origin, age and religion. it guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transpiration, state and local gov services and telecommunications. Applies to ER with 15 or more EEsEnacted in 1990Revision ADAAA 2008Effective 2009
EEOC Employment Opportunity Commission- civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation and all public and private places that are open to the public.
Fixed Year any 12 month period such as a fiscal year Ex: oct 1- sept 30 Ex: a year starting on EE’s anniversary date-9/22-9/21or 12 month periodallows for stacking time will have all 12 weeks restored on the first day of the new 12 month period regardless of the amt of time the took in the final months of previous period.
Rolling Forward measured forward from the fist day an employee takes FMLAthe next 12- month period would begin the first day FMLA leave is taken after completion of the prior 12 month period.
Rolling Backward measured backward form the date an EE uses any FMLA leave.each time the EE takes FMLA the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months
Calendar Year EasiestJan-Deccan stack timeex if EE took oc, nov, dec can take jan, feb and march
James sky diver. Hired 9/1, works 5 days/week. He took vac Thursday 5/1-friday 5/16(12 days) RTW Mon 5/19He injures himself spends 2 days in hospital 5/16-5/17RTW 5/19Sick on 5/22 out for 14 days RTW Tues 6/11Which calendar method will result in the end of the 12 month period soonest? Fixed Year- using the EE’s date of hire 9/1- james 12 month period will end on 8/31 so he will gain time back on 9/1.
on june 6 EE had no time left b/c his first absence was on 8/3 of the previous year. which counting method is he using? Rolling forward/backward-b/c his first absence was on 8/3 and james would have until 8/2 to take a total of 12 weeks.
On Nov 5 james injures himself again and needs 14 weeks off using the calendar year method, will james exhaust his 12 weeks of leave? No
Using the fixed (hire date) counting method how many weeks or days does james have available beginning Nov. 5 when he injures himself and needs 3 months off? 12 weeks
PTO does not guarantee job protection and an ER may refuse to allow an EE to take time off when requested as PTO time. However, if the EE is out for any reason on an approved FMLA claim they may use their PTO bal to get paid.
Mandated Paid Leave provided for time taken for the welfare of child and generally do not have to meet the requirement of a serious health condition.
Paid Sick Leave (PSL) earned sick time, is leave that is typically taken for short-term, non serious, health conditions or preventative care for the EE/qualified Fam members. Not federally mandated
Company Policies Additional company leaves to benefit or encourage activates in which they like the EE to take part in. Could be paid or unpaid.medical leavepersonalparental administrative disaster servicecommunity servicereligious sabbaticals/educational bereavement
Workers Compensation (WC) no fault- state/federal mandate. coverage that provides income replacement medical coverage, rehab assistance, and death benefits when an individual sustains a compensable work-related illness, injury or sickness.
other leaves could be federal/state mandated.jury duty, voting and other state mandated leaves such as: domestic violence/victims of crimecivil servicevolunteer/emergency personneltissue/bone marrow/organ donation
Disability Plans income replacement when EE is injured due to non occupational illness/injury or sickness. percentage of pay varies by ER
STD STD (26 weeks)/ (MBP 13w-26w)usually 60%-80% amtBWP is normally 7 days pays from 3-12 months6 months is standard timeframe
LTD LTD begins after STD 50%, 60% or 66% benefit amtBWP: 90,180 or 360 days
State Disability 5 states have developed min disability insurance. compensation based on pre-disability earnings.CAHINJNYRIPR
because jury duty is required, not optional, all employers must provide pay. false
which of the following is not true about paid parental leave?paid programs can be EE funded and or ER fundedit may be used for sick child or well-care visitsit may be used for care of an elderly parentall of the above. it may be used for care of an elderly parent
Workers compensation covers which of the following benefits? All of the aboveincome replacementdeath benefits to dependentsmedical coverage in addition to income replacement
Which reg or prog directs the requirement of Tracy RTW one week earlier than her original five week leave request? company policy
if EE’s sx and absence is covered under WC it would not need to be covered under FMLA. true
Ben requested leave. given 15 days to get ppwk turned in.9 days later the vendor approvedER did not get certER term EEBen’s ER was within their right to terminate EE b/c under FMLA an ER has the right to to require EE to follow absence policy procedures. false
What are Primary protections? HIPPA, ADA and GINAEE’s healthcare info cannot be disclosed without permission. Only HR can reach out to EEs doctorsEE medical info is only share on a need-to-know basismust be kept in secure place separate from other personnel files.
HIPPA Health Insurance Portability and Accountability Act1996provides the ability to transfer health insurance coveragereduces healthcare fraudmandates standards for healthcare info/electronic billingprotects health info
ADA Americans with Disabilities Actprotects privacy rightswhen EE applies for job, offered job, when employed
GINA Genetic Information Nondiscrimination Actprotects people from being treated differently by ER or health insurance b/c of genetic information. Title 1- illegal for health insurance providers to require genetic info when making eligibility decisions. Title 2- illegal for ER to use genetic info to make decisions on hiring, promotions/employment
What info is protected by HIPPA? An individuals past, present, future, physical or mental health conditionthe provision of healthcare to an individual the payment for the provision of healthcare
An employee’s medial information that is kept in their personal file and in a lock file cabinet is duly considered protected under the ADA. False
Protected genetic information under GINA includes which of the following? The medial history of the EE and any family members including any genetic testing regardless of the results of the test.
An ER may use an EE’s genetic info if the EE is exhibiting related heath issues that may impact the safety of the ER or others around the EE. False
ADA/ADAAA prohibits discrimination against a qualified individual with a disability on the basis of that disability in regard to:pre-employmentchanges in employment statuspay and compensationjob opportunties/promotionsleavessponsored/related activities training/conferencesall else
ADA interactive process step 1: recognizing an accommodationstep 2: Gathering information step 3:Exploring Accommodations Optionsstep 4:Choosing an AccommodationStep 5: implementing the accommodation step 6: monitoring the accommodation
What resources are available for ER to stay informed about ADA? JAN Interactive Process ResourceJAN Accommodation ResourcesJAN Return to work Program ResourcesEEOC Employer Guide
Which of the following would NOT be reasonable accommodation for Mark. Have first choice among low-stress or deadline independent assignments
After a two-week and treatment for depression Mark asks to return to work on part-time basis. His ER tells him that he can’t RTW until he doesn’t require either restriction or accommodations because they need everyone at full capacity to meet an important deadline. Based on these cursory facts, is Mark likely to succeed if he flies a discrimination charge with the EEOC? Yes
Which of the following options should Marian choose when handling this issue for the team as a whole Assure the team that Mark’s ability to telecommute has not impacted his work up to this point and she doesn’t foresee it as a hindrance to the team meeting its deadline.
When Mark RTW he has exhausted FMLA leave but his doctor recommends that he work part-time for one month. HIs ER can reduce his healthcare insurance based on his part-time status True
Mark isn’t the first programmer at his company to seek treatment for depression. There have been 2 other EEs. In both cases they RTW for while but eventually terminated b/c they required more time off. Based on this history, HR doesn’t wan to allow mark to RTW indicating that this leave i likely to turn not an indefinite leave b/c depression is is a chronic and incurable illness. The ER is right in believing Mark will not be able to function at full capacity and likely to go out again based on past experience with other EEs. False
There is a significant increase in ADA lawsuits and ER are paying millions False
Reasonable Accommodation is a modification or adjustment to a job the work environment or the way things are usually done that enables a qualified individual with a disability to enjoy an equal employment opportunity.
An equal employment opportunity is the chance to attain the same level of performance or to enjoy equal benefits and pillages of employment as are available to average similarly situated employee without a disability.
What are the 3 aspects of reasonable accommodations? 1. Ensure equal opp in the application process2. enable qualified individual with a disability to perform the essential functions of a job3. Enable an employee with disability to enjoy equal benefits and privileges of employment.
What are some example of reasonable accommodations? making existing facilities accessible job restructuringpart time or modified work schedules acquiring or modifying equipmentchanging test, training materials or policiesproviding qualified readers or interpreters reassignment to a vacant position
EE applies for job when going to interview they see she is in wheelchair. because EE limitation is obvious and is not something she is able to keep private the ER may inquire if being in a wheelchair is permanent or full time disability. False
Although EE is the most qualified. The ER has decided not to offer the position to her b/c they do not want to incur the expense of building and maintaining an accessible ramp. IN addition they have never allowed an accountant to work from home, and they feel that they should not be require to alter the job description bc of EE disability. is the employer justified in not offering the job to charisse? No.
EE sales associates. mine duty is to speak to people. was in car accident and developed speech impairment/forgetfulness. Which of the following actions must the ER take? They are not required to keep Michael in this position b/c he is unable to perform one of the essential function of his job, and there is not an accommodation on which will enable him to present to clients with the same qualify as before.
EE has back pain, ER is aware.EE mentions that she wish that whoever buys office furniture would get the kind of chair that she got for her house.Since ER knows EE has back pain is Jennifer’s statement enough for the ER to recognize that Jennifer new chair is related to her backpain an be expected to see this as a request for an accommodations? No
The scenario confirmed that Jennifer’s sup is aware of her back pain and that FMLA absences have been to visit chiro for pain. Jen states that i just got this great new cordless headset for my home office. I feel like it makes me so much more productive and my back doesn’t even hurt after I have been on calls all day. Does this serve as an accommodation request? Yes
What is the next best steps for ER to take? Jennifer could be allowed to work form home on days with long calls until an alternative is found.
after ordering chair headset and allowing WFH what are the Next steps for ER? Engage in discussion with the EE to review the options and put a written agreement in place to document the action chosen and to revisit if there are additional concerns.
Question: A married couple works for the same employer that requires married spouses to share applicable FMLA leave. After the birth of their child, the wife takes six weeks of disability leave and six weeks of bonding leave. The husband thenrequests six weeks to bond with the new baby. In the next 12-month period, he asks for six weeks to care for his mother. What will be the outcome of his two leave requests?a. The husband will be approved to care for his mother but not for bonding.b. The husband’s bonding request will be approved. If he uses the full six weeks for bonding, the leaverequest to care for his mother will be denied.c. The husband will be approved for both requests. Correct Answer: The husband will be approved for both requests.Explanation: Both requests will be approved because they are in different 12-month periods, and the 12 weeks of FMLA leave will refresh.Additional Information: See the DOL Wage and Hour Division Fact Sheet #28L: Leave under the Family andMedical Leave Act for Spouses Working for the Same Employer.
Question: Under which circumstances may an employer ask an employee if they need an accommodation?a. An employer can never ask an employee whether they need an accommodation. Instead, the employeemust ask for an accommodation.b. Only when the employer reasonably believes that an employee with a known disability may need anaccommodation.c. When the employer reasonably believes that an employee with a known disability may need anaccommodation and when an employee with a disability is having performance or conduct problems. Correct Answer: When the employer reasonably believes that an employee with a known disability may need an accommodation and when an employee with a disability is having performance or conduct problems.Explanation: An employer can ask an employee if an accommodation is needed only when the employeehas a known disability, and they are having performance or conduct problems.Additional Information: See item 41 in the EEOC’s Enforcement Guidance on ReasonableAccommodation and Undue Hardship under the ADA, Other Reasonable Accommodation Issues
Question: An employee has been approved for New York Paid Family Leave (NY PFL) through March 15. On March 8, while the employee is out on approved NY PFL, the employee’s employment is terminated. Will NY PFL continue through the authorized end date?a. Yesb. No Correct Answer: NoExplanation: NY PFL will not continue until the authorized end day if an employee who is out on an approved NY PFL is terminated.Additional Information: See eligibility information on the New York State Paid Family Leave website.
Question: An employer may require that a certification for military exigency include a copy of the military member’s active-duty orders. However, the employee is only required to provide this information to the employer once for a military member on a specific deployment.a. Trueb. False Correct Answer: TrueExplanation: An employer may require that the certification include a copy of the military member’s active dutyorders. However, the employee is only required to provide this information to the employer once for amilitary member on a specific deployment.Additional Information: See Certification Requirements in DOL Wage and Hour Division Fact Sheet#28M(c): Qualifying Exigency Leave under the Family and Medical Leave Act.
Question: While waiting for a second or third opinion, an employee is entitled to FMLA leave, including the right to maintain group health benefits.a. Trueb. False Correct Answer: TrueExplanation: While waiting for a second or third opinion, an employee is entitled to FMLA leave, includingthe right to maintain group health benefits.Additional Information: See Second and Third Opinions in DOL Wage and Hour Division Fact Sheet #28G:Certification of a Serious Health Condition under the Family and Medical Leave Act.
Question: Identify the best practice for this scenario. What should you do when a healthcare provider shares GINA-protected information in response to an FMLA medical certification request?a. No action is needed since this information will be protected by the employer.b. Alert the employee and ask the employee to speak with the healthcare provider.c. The employer should contact the healthcare provider reminding them to exclude genetic information from FMLA medical certification requests. Correct Answer: The employer should contact the healthcare provider reminding them to exclude genetic information from FMLA medical certification requests.Explanation: Genetic information should not be included in FMLA medical certification requests, and the employer should remind the healthcare provider to exclude the information.Additional Information: See a how-to for requesting health-related information in the EEOC’s Questions and Answers for Small Businesses: EEOC Final Rule on Title II of the Genetic Information NondiscriminationAct of 2008.
Question: Is a covered entity ever allowed to use and/or disclose protected health information without an individual’s authorization?a. Yes; to the individual or if coordinating treatmentb. Yes; to the individual’s direct supervisor onlyc. No; under no circumstances may information be released without authorization. Correct Answer: Yes; to the individual or if coordinating treatment.Explanation: Protected health information can only be disclosed without an individual’s authorization tothe individual or if coordinating treatment.Additional Information: See HIPAA and Health Plans – Uses and Disclosures for Care Coordination andContinuity of Care.
Question: Which of the following is not an adequate request for an accommodation?a. I’m struggling to wake up in the morning and make it on time to work because of the medication I amtaking.b. I need a new chair because the one I have is uncomfortable.c. I am calling on behalf of my wife who had a medical emergency due to her diabetes.d. All are adequate requests for accommodation. Correct Answer: None of the aboveExplanation: All the statements are true regarding military caregiver leave.Additional Information: See Military Caregiver Leave in DOL Wage and Hour Division Fact Sheet #28M: TheMilitary Family Leave Provisions under the Family and Medical Leave Act.
Question: If an employer sees an employee has an obvious disability, the employer can condition a job offer on the applicant successfully passing a standard medical exam.a. True; an employer can condition a job offer based on a standard medical exam if it is required of allapplicants.b. False; an employer can never condition a job offer based on a standard medical exam. Correct Answer: True; an employer can condition a job offer based on a standard medical exam if it is required of all applicants.Explanation: In order to condition a job offer on the applicant successfully passing a standard medicalexam, it must be required of all applicants.Additional Information: See the EEOC’s Enforcement Guidance: Preemployment Disability-RelatedQuestions and Medical Examinations.
Question: Which statement is incorrect regarding military caregiver leave?a. In any 12-month benefit period, military caregiver leave is limited to a total of up to 26 weeks.b. The single 12-month period for military caregiver leave begins on the first day the employee takes leavefor this reason and ends 12 months later, regardless of the 12-month period established by the employerfor other FMLA leave reasons.c. An eligible employee may also take military caregiver leave to care for more than one covered veteran orcurrent servicemember with a serious injury or illness at the same time, but the employee is limited to atotal of 26 weeks of military caregiver leave in any single 12-month period.d. None of the above Correct Answer: None of the aboveExplanation: All the statements are true regarding military caregiver leave.Additional Information: See Military Caregiver Leave in DOL Wage and Hour Division Fact Sheet #28M: TheMilitary Family Leave Provisions under the Family and Medical Leave Act.
Question: Second opinions can only be done on the initial or annual FMLA certification. They are not allowed on recertification.a. Trueb. False Correct Answer: TrueExplanation: Second opinions can only be done on the initial or annual FMLA certification. They are notallowed on recertification.Additional Information: See Recertification in DOL Wage and Hour Division Fact Sheet #28G: Certificationof a Serious Health Condition under the Family and Medical Leave Act.
Question: Jim is out on approved intermittent leave. He is allowed to take up to three days per month. In the past four months, he has taken every Monday off. What action is not allowed under the FMLA?a. Require Jim to provide a doctor’s note for each absence.b. Request clarification from the healthcare provider.c. Request recertification and include Jim’s absence pattern in the request.d. All are allowed under the FMLA. Correct Answer: Require Jim to provide a doctor’s note for each absence.Explanation: The employer may request clarification from the healthcare provider and include theemployee’s past absence pattern, but the employer cannot require the employee to provide a doctor’s notefor each absence.Additional Information: See whether the note requirement is permitted by the FMLA/OFLA in Oak HarborFreight Lines, Inc. v. Antti, 998 F. Supp. 2d 968 – Dist. Court, D. Oregon 2014 and recertifications for leave takenbecause of an employee’s own serious health condition or the serious health condition of a family member29 CFR 825.308 (c)(2).