DMEC CLMS Certification Exam (Latest 2024/ 2025 Update) Questions and Verified Answers| 100% Correct| Grade A

DMEC CLMS Certification Exam (Latest 2024/ 2025 Update) Questions and Verified Answers| 100% Correct| Grade A

DMEC CLMS Certification Exam (Latest
2024/ 2025 Update) Questions and Verified
Answers| 100% Correct| Grade A
Q: Scenario: Shannon and Elizabeth are coworkers and found out they are both pregnant and
due around Thanksgiving.
Shannon works five (5) days each week, for a schedules 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 40-hour schedule, and Elizabeth is
entitled to 12 workweeks based on a 24-hour schedule.
All absences are calculated as a fraction of the employee’s schedule. If Shannon takes one eighthour day, she has taken 1/5 of a workweek (calculated as 20% of a week). If Elizabeth also takes
one eight-hour day, she has used 1/3 of a workweek (calculated as 33% of a week) as she is only
scheduled three days.
Elizabeth takes off Friday the week of Columbus Day, when the office is closed on Monday.
What fraction of the week has Elizabeth taken?

1. 1/5 (20%)
2. 1/3 (33%)
3. 1/2 (50%)
4. 2/3
   Answer:
5. 1/3 (33%) – the holiday closure does not count against her FMLA entitlement.
   Q: Scenario: Shannon and Elizabeth are coworkers and found out they are both pregnant and
   due around Thanksgiving.
   Shannon works five (5) days each week, for a schedules 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 40-hour schedule, and Elizabeth is
   entitled to 12 workweeks based on a 24-hour schedule.

All absences are calculated as a fraction of the employee’s schedule. If Shannon takes one eighthour day, she has taken 1/5 of a workweek (calculated as 20% of a week). If Elizabeth also takes
one eight-hour day, she has used 1/3 of a workweek (calculated as 33% of a week) as she is only
scheduled three days.
Shannon takes Wednesday thru Friday the week of Columbus Day, when the office is closed on
Monday. What fraction of the week has she taken?

1. 3/5 (60%)
2. One week
3. 3/4 (75%)
4. 2
   Answer:
5. 3/5 (60%)
   Q: All employees who are entitled to leave may take a total of 480 hours of leave.
   True or False
   Answer:
   False
   Q: 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 a military leave?
6. Spouse
7. Parent
8. Sibling
9. Child
   Answer:
10. Sibling – Under military caregiver leave, employees may also take time for anybody who
    qualifies as “next of kin”, defined as the nearest blood relative other than the covered service
    member’s spouse, parent, son, or daughter in the following order of priority: blood relatives who
    have been granted legal custody of the covered service member by court decree or statutory
    provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins unless the

covered service member has specifically designated in writing another blood relative as his or
her nearest blood relative for purposes of military caregiver leave under the FMLA.
Q: 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 the initial illness
or injury.
True or False
Answer:
False – the illness or injury can be a result of 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 five year period prior to the request for leave.
Q: Military exigency and military caregiver leaves are NOT additional leave entitlements above
and beyond time for the FMLA.
True or False
Answer:
True – Military exigency and military caregiver leave are simply two additional leave categories
added in 2008 as qualified reasons to use the 12 weeks of leave originally available only for the
serious health condition of the employee or a qualified family member.
However, military caregiver leave may entitle the employee to up to an additional 14 weeks for a
total of 26 weeks, if the full 26 weeks is taken for military caregiver reasons. The initial 12
weeks count against the employee’s overall federal FMLA entitlement.
Q: In order to be eligible for FMLA leave, which of the following is required?

1. An employee must have worked for at least 1,250 hours in the past 12 months.
2. An employee must have worked for a company for at least 12 months within the past 7 years.
3. The employee must work at a site that has 50 employees within a 75-mile radius.
4. All of the above.
   Answer:
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Which of the following examples would NOT qualify as a serious health condition?1. Friday/Monday absence due to allergies, with a non-working weekend in between2. Morning sickness as a result of a normal pregnancy without complications3. Bi-annual colonoscopy prep day and procedure4. Bringing a parent to a one-hour physical therapy appointment 3. Bi-annual colonoscopy prep day and procedure
The individual with the serious health condition must always be under a treatment plan.True or False False – Permanent or long-term conditions for which treatment may not be effective can qualify, such as Alzheimer’s or the end stage of a terminal illness. However, the patient does need to be under the supervision of a healthcare provider, even if no treatment is administered.
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 or False True – An employee only be incapable of doing at least one essential function of the job.
Which of the following medical conditions would likely have a predictable absence schedule, requiring the employee to provide advance notice of leave.1. Migraine headaches2. Back pain3. Prenatal routine care4. Allergies 3. Prenatal routine care – Migraine headaches, back pain, and allergies are generally sporadic and unpredictable. However, prenatal routine appointments occur on a defined schedule and 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 and predictable.
Which option accurately reflects qualified FMLA time off for bonding offered to an employee?1. Birth of a biological child, adoption of a child, or placement of a foster child2. Birth of a biological child, adoption of a child, placement of a foster child, and/or addition of a step child3. Birth of a biological child, adoption of a child, or placement of a foster child and/or a child who is a ward of the state 1. Birth of a biological child, adoption of a child, or placement of a foster child – Although a stepchild and child in the employee’s custody as a ward of the state may qualify under caring for a family member with a serious health condition, they are not qualified for bonding time.
Scenario: Shannon and Elizabeth are coworkers and found out they are both pregnant and due around Thanksgiving.Shannon works five (5) days each week, for a schedules 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 40-hour schedule, and Elizabeth is entitled to 12 workweeks based on a 24-hour schedule.All absences are calculated as a fraction of the employee’s schedule. If Shannon takes one eight-hour day, she has taken 1/5 of a workweek (calculated as 20% of a week). If Elizabeth also takes one eight-hour day, she has used 1/3 of a workweek (calculated as 33% of a week) as she is only scheduled three days.Elizabeth takes off Friday the week of Columbus Day, when the office is closed on Monday. What fraction of the week has Elizabeth taken?1. 1/5 (20%)2. 1/3 (33%)3. 1/2 (50%)4. 2/3 (67%) 2. 1/3 (33%) – the holiday closure does not count against her FMLA entitlement.
Scenario: Shannon and Elizabeth are coworkers and found out they are both pregnant and due around Thanksgiving.Shannon works five (5) days each week, for a schedules 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 40-hour schedule, and Elizabeth is entitled to 12 workweeks based on a 24-hour schedule.All absences are calculated as a fraction of the employee’s schedule. If Shannon takes one eight-hour day, she has taken 1/5 of a workweek (calculated as 20% of a week). If Elizabeth also takes one eight-hour day, she has used 1/3 of a workweek (calculated as 33% of a week) as she is only scheduled three days.Shannon takes Wednesday thru Friday the week of Columbus Day, when the office is closed on Monday. What fraction of the week has she taken?1. 3/5 (60%)2. One week3. 3/4 (75%)4. 2/5 (40%) 1. 3/5 (60%)
All employees who are entitled to leave may take a total of 480 hours of leave.True or False False
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 a military leave?1. Spouse2. Parent3. Sibling4. Child “4. Sibling – Under military caregiver leave, employees may also take time for anybody who qualifies as “”next of kin””, defined as the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.”
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 the initial illness or injury.True or False False – the illness or injury can be a result of 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 five year period prior to the request for leave.
Military exigency and military caregiver leaves are NOT additional leave entitlements above and beyond time for the FMLA.True or False True – Military exigency and military caregiver leave are simply two additional leave categories added in 2008 as qualified reasons to use the 12 weeks of leave originally available only for the serious health condition of the employee or a qualified family member.However, military caregiver leave may entitle the employee to up to an additional 14 weeks for a total of 26 weeks, if the full 26 weeks is taken for military caregiver reasons. The initial 12 weeks count against the employee’s overall federal FMLA entitlement.
In order to be eligible for FMLA leave, which of the following is required?1. An employee must have worked for at least 1,250 hours in the past 12 months.2. An employee must have worked for a company for at least 12 months within the past 7 years.3. The employee must work at a site that has 50 employees within a 75-mile radius.4. All of the above. 4. All of the above
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 below best describes their circumstances?1. The employee is eligible once they provide proof of prior employment.2. The employee is not eligible because they do not have 12 months of service.3. The employee is eligible to take FMLA leave.4. The employee is not eligible because they do not have enough hours worked. 4. The employee is not eligible because they do not have enough hours worked.
Scenario: In January, Jeremy decided to adopt a baby from Argentina. He learned the requirements would include a 30-day visit to Argentina to process paperwork and to attend mandatory cultural learning sessions.Jeremy has not used FMLA time for any other reason as he knew he would need time to travel for the adoption. He plans to use the month of April to travel to Argentina for the adoption process.After the trip in April, Jeremy will return home for two months to await the completion of the adoption process. He will return to Argentina on July 1 to pick up hi new son Emmanuel.On March 25, Jeremy requests the following time off to be protected under the FMLA:-The month of April for his 30-day mandatory visit and learning sessions-The month of July to immediately take custody of Emmanuel and spend more time learning about Argentina-The month of April the following year, to finish bonding with Emmanuel, one year after starting the adoption process.Jeremy’s absence in April is not covered because he did not have physical custody of the baby during his visit.True or False False
Scenario: In January, Jeremy decided to adopt a baby from Argentina. He learned the requirements would include a 30-day visit to Argentina to process paperwork and to attend mandatory cultural learning sessions.Jeremy has not used FMLA time for any other reason as he knew he would need time to travel for the adoption. He plans to use the month of April to travel to Argentina for the adoption process.After the trip in April, Jeremy will return home for two months to await the completion of the adoption process. He will return to Argentina on July 1 to pick up hi new son Emmanuel.On March 25, Jeremy requests the following time off to be protected under the FMLA:-The month of April for his 30-day mandatory visit and learning sessions-The month of July to immediately take custody of Emmanuel and spend more time learning about Argentina-The month of April the following year, to finish bonding with Emmanuel, one year after starting the adoption process.Choose the correct absence decision scenario below.1. All three periods of time will be approved as long as Jeremy’s employer is okay with intermittent bonding time.2. The July absence will be partially approved and partially denied because nothing indicates he needs a full month to pick up the baby, but the remaining absence requests will be approved.3. The initial 30-day visit and the month of July will be approved, but the last 30-day request will be denied because it is more than one year from the start of the FMLA adoption process4. The initial 30-day period will be approved if Jeremy provides appropriate legal documentation, indicating the exact date that Emmanuel was placed in his custody. 1. All three periods of time will be approved as long as Jeremy’s employer is okay with intermittent bonding time.
Scenario: In January, Jeremy decided to adopt a baby from Argentina. He learned the requirements would include a 30-day visit to Argentina to process paperwork and to attend mandatory cultural learning sessions.Jeremy has not used FMLA time for any other reason as he knew he would need time to travel for the adoption. He plans to use the month of April to travel to Argentina for the adoption process.After the trip in April, Jeremy will return home for two months to await the completion of the adoption process. He will return to Argentina on July 1 to pick up hi new son Emmanuel.On March 25, Jeremy requests the following time off to be protected under the FMLA:-The month of April for his 30-day mandatory visit and learning sessions-The month of July to immediately take custody of Emmanuel and spend more time learning about Argentina-The month of April the following year, to finish bonding with Emmanuel, one year after starting the adoption process.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 because it is a required part of the adoption process.True or False False
An employee must have a biological relationship with or a legal responsibility for a child in order to take FMLA leave.True or False False
“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?1. Grandmother2. Uncle3. Stepfather4. All of the above” 4. All of the above
The stepson, stepdaughter, or stepparent of a covered service member can take military caregiver leave.True or False True
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
Which of the following statements is NOT true regarding leave for a seriously injured service member?1. The 26-week leave is restricted to one time per injury per family member.2. The illness or injury must occur as a result of active duty.3. The illness or injury must occur out of country.4. The leave may be taken up to five years after discharge. 3. The illness or injury must occur out of country.
An 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.True or False False – the qualifying exigency must arise out of the foreign deployment of the employee’s spouse, son, daughter, or parent.
Scenario: Military Caregiver LeaveOn 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?1. 16 weeks2. 2 weeks 1. 16 weeks – Military 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 as 16 additional weeks until July 5th of the next year.Reasons other than military caregiver leave may not total more than 12 weeks.
Scenario: Military Caregiver LeaveOn 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.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 in July of this year? 4 workweeks
“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.True or False” “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?1. Post-deployment activities (90 days after discharge)2. Short-notice deployment3. Childcare and school activities4. Counseling5. Rest and recuperation6. Pre-deployment vacation7. Military events8. Financial and legal arrangements9. Parental care 6. Pre-deployment vacation – an employee may take up to seven days of short-notice deployment leave to address issues that may arise prior to being deployed. They may not just go on vacation if the deployment has advance notice.
Scenario Oregon: Molly lives in Oregon and has worked full time for her employer for a couple of years. Molly is pregnant and needs eight weeks of leave at the end of her complicated pregnancy. This includes two weeks of prenatal leave and six weeks of post-partum leave.Shortly after returning to work, her mother becomes terminally ill, and Molly requests four weeks of leave to care for her mother. Unfortunately, her mother passes away at the end of the second week of leave. Will Molly be approved for all four weeks of her leave request, given that her mother passed away before the end of the leave?Yes or No Yes – the period of absence when Molly’s mother was alive is covered under both federal and state leave. The final two weeks of leave will be covered only under state leave as bereavement is an approved leave reason under state OFLA, but not under the federal FMLA.
Tony lives in Massachusetts and has a child born in February. He and his spouse then adopt twins in August. How much leave time is Tony entitled to under Massachusetts Parental Leave?1. Eight weeks in February and eight weeks in August2. Eight weeks in February only3. Sixteen weeks total4. Eight weeks in February and 16 weeks in August 4. Eight weeks in February and 16 weeks in August – Massachusetts Parental Leave allows a parent to take eight weeks of leave for each birth or adoption with no restriction on the number of weeks in a specific period. Tony has three 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 in August for a total of 24 weeks of leave.
An employee in California 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 PDL requirements?1. All eight weeks will be denied under the federal FMLA and approved under California PDL2. The first four weeks will be denied under the federal FMLA and approved under California PDL, and the last 4 weeks will be approved under the federal FMLA and California PDL.3. All eight weeks will be denied under both the federal FMLA and California PDL. 1. All eight weeks will be denied under FMLA and approved under California PDL
Scenario: District of ColumbiaAnnabeth lived in the District of Columbia. She works for an employer covered by both federal and state leave laws and has met all eligibility requirements under applicable laws. She has never taken leave under federal or state laws.She requests 14 weeks of leave to care for her sister. She also intends on taking leave in the future for the rotator cuff surgery she has put off and leave to care for her mom when she schedules her hip replacement.If Annabeth takes 14 weeks of leave to care for her sister, how much federal and state leave time will she have remaining for the 24-month period?1. She will have two weeks of state leave left to care for family and 16 weeks of state leave for her own health condition. She will also have 12 weeks of federal leave each year.2. Because her sister is not a qualified relationship under federal or state laws, she will still have 16 weeks of state leave to care for a qualified family member and 16 weeks of state leave for her own health condition. She will also have 12 weeks of federal leave each year.3. She will have two weeks of state leave left to care for family and 16 weeks of state leave for her own health condition. She will have exhausted her federal leave in year one, but will still have 12 weeks of federal leave in year two. 1. She will have two weeks of state leave left to care for family and 16 weeks of state leave for her own health condition. She will also have 12 weeks of federal leave each year.
Scenario: District of ColumbiaAnnabeth has four separate, continuous absences in a 24-month (104 week) period:- Weeks 1-14 are taken to care for her sister. She then returns to work for weeks 15-36.-Weeks 37-52 are taken off for her rotator cuff surgery that has complications. However, she returns to work starting at week 53 (which is the beginning of year two through week 74.-Her nephew is in an accident and she takes weeks 78 and 79 off.-Because she had already scheduled weeks 85-96 for her mom’s hip replacement, she takes that absence and is able to return to work with no further absences through the end of the 24-month (104 week) period.Are all of Annabeth’s absences covered under federal and/or D.C.s state leave laws?1. No. The last four weeks of Annabeth’s rotator cuff surgery were not covered because she had already exhausted her available leave to care for her own health condition.2. Yes. All four absence periods were covered under one or both of the leave laws.3. No. The two weeks Annabeth took to care for her nephew were not covered because she had exhausted all of her state leave in the first 12-month period, and she did not have any state leave in the second 12-month period to care for qualified relationships not covered by the federal FMLA. 2. Yes. All four absence periods were covered under one or both of the leave laws.
Tony lives in Massachusetts and adopts a baby Jan. 11. 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?1. Eight weeks of baby bonding; his mother-in-law is not eligible relationship for MA PFML.2. Eight weeks of baby bonding, plus eight weeks of time to care for his mother-in-law; because they’re for different leave reasons, he is eligible for the full requested time for both.3. Eight weeks of baby bonding, plus the first four weeks of requested time to care for his mother-in-law; his 12 week eligibility will run out after that. 3. Eight weeks of baby bonding, plus the first four weeks of requested time to care for his mother-in-law; his 12 week eligibility will run out after that.
It is the employer’s responsibility to confirm an employee is eligible for FMLA leave, each time an absence occurs for the same reason.True or False False – once an employee has met the eligibility requirement for a specific reason and relationship, their eligibility for that reason may not be rechecked for one year.
“You receive a certification for “”Absence, Plus Treatment”” of severe respiratory issues, possible bronchitis. The physician indicates she consulted with the employee 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.True or False” False – the patient must have seen the healthcare provider two or more times in person or have had at least one 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 “”healthcare provider””?1. Nurse practitioner2. Midwife3. Dentist4. All of the above” 4. All of the above
Which ONE of the following meets the definition of a serious health condition without any additional medical information?1. Employee is on a regimen of prescription medication2. The period of incapacity is longer than three days3. Treatment is provided at least two times per year by a healthcare provider4. Overnight stay in a hospital 4. Overnight stay in a hospital
Scenario: Medical CertificationNancy has submitted paperwork to request leaves for migraine headaches. After reviewing Part A of the medical certification form and the facts presented, is there sufficient information to make a decision?Yes or No No – although there are medical facts indicating symptoms that would impact an employee’s ability to perform their job, there must also be indication of treatment and that the employee has seen the physician and is under their care. There is no medication and no dates of treatment noted.
Scenario: Medical CertificationNancy has submitted paperwork to request leaves for migraine headaches. After reviewing Part B of the medical certification form and the facts presented, is the absence need complete or incomplete?Complete or Incomplete Incomplete – based on the patient’s history and the physician’s knowledge of the medical condition, the employer may require the physician to provide an estimated expectation of flare-ups. This may be returned as incomplete following the necessary process of informing the employee in writing of what information is deficient.
Which of the following does NOT need to be included in a written policy?1. Contents of the FMLA poster2. The 12-month counting method used3. Substitution policies regarding paid leave4. A list of FMLA-approved reasons for leave broken out by approval rate5. Benefit rights during leave 4. A list of FMLA-approved reasons for leave broken out by approval rate
For employees whose primary language is not English, an employer must post an FMLA poster in a language in which the employees are literateTrue or False False
Scenario: Back injuryTheodore injured his back last year and was out of work for a few weeks. He has been working without pain for a few months. Three months ago he began to complain to his supervisor of back spasms. He has a very physical job. Since business was slow, his supervisor would let him leave for the day if he mentioned back spasms were bothering him.Which of the following statements best describes the supervisor’s actions?1. By not having Theodore apply for FMLA leave, the supervisor sets a precedent which allows Theodore to modify his schedule any time he doesn’t feel well.2. The supervisor was right to handle things with flexibility as Theodore’s job is strenuous and could cause a worker’s compensation claim.3. By letting Theodore leave early, a complaint cannot be filed with the company, so the supervisor reduced the company’s risk.4. The supervisor has failed to ensure Theodore begins the process for seeking the job protection provided under the FMLA. 4. The supervisor has failed to ensure Theodore begins the process for seeking the job protection provided under the FMLA.
Scenario: Back injuryTheodore injured his back last year and was out of work for a few weeks. He has been working without pain for a few months. Three months ago he began to complain to his supervisor of back spasms. He has a very physical job. Since business was slow, his supervisor would let him leave for the day if he mentioned back spasms were bothering him.When Theodore is ready to return to work, his doctor authorizes him to work two half days a week for eight months. Theodore has been back at work for seven months, has not had any additional absences from work, and seems to have improved substantially in his movement. Based on this information, his employer is wondering why he needs to continue with a reduced work schedule and can now seek recertification.True or False True
“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?1. You’ve has a lot of absences recently so when this is settled, we do need to talk.2. I’m sorry to hear about your mom, but your absence puts us in a very difficult position.” 2. I’m sorry to hear about your mom, but your absence puts us in a very difficult position.
A supervisor is reluctant to give an employee who took FMLA leave for cancer treatment responsibility for a major new project. The supervisor fears that the cancer will return so he chooses to assign the project to someone else. This is an example of retaliation.True or False True
Scenario: Hernia SurgeryIn October, Steve gives his boss, Jaime a heads up that he’ll be out from Dec. 23 through Jan. 8 for hernia surgery. On Dec. 20, Steve receives his performance evaluation and is put on a performance improvement plan based on work performance. Since he has already communicated he will need a medical leave, can the employer follow company-approved performance management processes?Yes or No Yes – but please note this is a difficult situation. Employers taking adverse action against an employee who is exercising rights under the FMLA or the ADA may be more closely scrutinized. The employee is not entitled to any greater options around job security simply for having requested future leave. However, all documentation before and after the leave request should clearly reflect the validity of the execution of any disciplinary activity.
Scenario: DepressionMark is a computer programmer and was recently diagnosed with clinical depression. After his diagnosis and successful plan of treatment, he is ready to return to work.For this scenario, apply ADA regulations unless otherwise noted and assume the FMLA is not a factor.Which of the following would NOT be a reasonable accommodation for Mark?1. Flexible telecommuting2. Increased break times to get outdoors for access to natural lighting3. Provide a job coach or mentor4. Have first choice among low-stress or deadline independent assignments5. Intermittent leave 4. Have first choice among low-stress or deadline independent assignments
Scenario: DepressionMark is a computer programmer and was recently diagnosed with clinical depression. After his diagnosis and successful plan of treatment, he is ready to return to work.For this scenario, apply ADA regulations unless otherwise noted and assume the FMLA is not a factor.After a two-week leave and treatment for depression, Mark asks to return to work on a part-time basis. His employer tells him that he can’t return to work until he doesn’t require either restrictions 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 files a discrimination charge with the EEOC?Yes or No Yes
Scenario: DepressionMark has returned to work for 11 weeks. He works full time, but in an effort to allow him to manage his depression, he was granted an accommodation for 12 weeks to telecommute two of the five days each week. On the days he telecommutes, he is unavailable for in-person meetings or to stay late for long sessions.There is one week left of his accommodation; however, his team has expressed to Marian that in order to meet their deadlines, all members of the team need to be in the office and available for overtime.Morale is slipping within the team, and there are complaints that their bonus will be lost because of Mark’s schedule.Which of the following options should Marian choose when handling this issue for the team as a whole?1. Explain to Mark the team’s low morale and the fact that they really need him to step up at least for the next few days, then he can return to his modified schedule.2. Explain to the team that Mark’s well-being is more important than a deadline, and they need to just rally.3. Request that Mark ask his doctor if he can be released to return to his normal work schedule a few days ahead of time.4. 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. 4. 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.
Scenario: DepressionMark has returned to work for 11 weeks. He works full time, but in an effort to allow him to manage his depression, he was granted an accommodation for 12 weeks to telecommute two of the five days each week. On the days he telecommutes, he is unavailable for in-person meetings or to stay late for long sessions.When Mark returns to work, he has exhausted his FMLA leave but his doctor recommends that he work part-time for one month. His employer can reduce his healthcare insurance based on his part-time status.True or False True – the ADA does not prohibit the adoption of health insurance eligibility requirements that do not discriminate on the basis of disability, as long as such requirements are applied in the same manner to all employees. A requirement that employees work a certain number of hours to remain eligible for health insurance benefits does not discriminate on the basis of disability.
Scenario: DepressionMark has returned to work for 11 weeks. He works full time, but in an effort to allow him to manage his depression, he was granted an accommodation for 12 weeks to telecommute two of the five days each week. On the days he telecommutes, he is unavailable for in-person meetings or to stay late for long sessions.Mark isn’t the first programmer at his company to seek treatment for depression. There have been two other employees to do so. In both cases, they returned to work for a while but were eventually terminated because they continue to require more and more leave. Based on this history, HR doesn’t want to allow Mark to return to work, indicating that his leave is likely to turn into an indefinite leave because depression is a chronic and incurable illness. The employer is right in believing that Mark will not be able to function at full capacity and is likely to go out again based on past experience with other employees.True or False False
Scenario: AccessibilityCharisse applies for a job as an accountant for a factory in Minnesota that produces pet products.She has an impressive resume and meets all of the qualifications to carry out the essential functions of the job. She is chosen as one of the top applicants to come for an interviewUpon arrival, they see she is in a wheelchair.For Charisse to enjoy equal benefits and privileges of employment, the company will need to make an accommodation for her to ensure safe passage into the building during winter months or to allow her to work from home when there is inclement weather.The cost of building a ramp would be nominal compared to the overall expense of general building maintenance, and there are other administrative positions that work from home on a regular basis.Because Charisse’s limitation is obvious and is not something she is able to keep private, the employer may inquire if being in a wheelchair is a permanent and/or full-time disability.True or False False
Scenario: AccessibilityCharisse applies for a job as an accountant for a factory in Minnesota that produces pet products.She has an impressive resume and meets all of the qualifications to carry out the essential functions of the job. She is chosen as one of the top applicants to come for an interviewUpon arrival, they see she is in a wheelchair.For Charisse to enjoy equal benefits and privileges of employment, the company will need to make an accommodation for her to ensure safe passage into the building during winter months or to allow her to work from home when there is inclement weather.The cost of building a ramp would be nominal compared to the overall expense of general building maintenance, and there are other administrative positions that work from home on a regular basis.Although Charisse is the most qualified candidate for the position, the employer has decided not to offer the position to her because 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 required to alter the job description because of Charisse’s disability. Is the employer justified in not offering the job to Charisse?Yes or No No
Scenario: Speech ImpairmentMichael is a Senior Sales Associate for an insurance company. One of the essential functions of his job is to speak with clients on the phone and in person at on-site presentations.Michael is in a car accident where he sustained a head injury. A long-term (and perhaps permanent) result of the accident is that he has developed a significant speech impairment, and he can become forgetful and lose his concentration.Which of the following actions must his employer take?1. They must no longer require Michael to attend presentations.2. They are not required to keep Michael in this position because he is unable to perform one of the essential functions of his job, and there is not an accommodation which will enable him to present to clients with the same quality as before.3. They must provide Michael with an assistant to attend on-site presentations and do the majority of the presenting, as an assistant would be reasonable accommodation. 2. They are not required to keep Michael in this position because he is unable to perform one of the essential functions of his job, and there is not an accommodation which will enable him to present to clients with the same quality as before.
“Scenario: Back PainJennifer has been experiencing back pain, which seems to be exacerbated by long periods of time sitting down.She has had a number of absences to see her chiropractor, and her employer is aware of her medically-related absences.Jennifer says to her supervisor, “”I wish whoever buys our office furniture would get the kind of chair I just got for my new home office.”” Because the supervisor knows that Jennifer has had back pain, is Jennifer’s statement enough for the supervisor to be expected to recognize that Jennifer’s fondness for her new chair at home is related to her back pain and be expected to see Jennifer’s statement as a request for an accommodation and a trigger to start the interactive process?Yes or No” No – Jennifer made no mention that the preference for her home chair was due to anything medical or that the office chair caused pain or difficulty doing her work.
“Scenario: Back PainJennifer has been experiencing back pain, which seems to be exacerbated by long periods of time sitting down.She has had a number of absences to see her chiropractor, and her employer is aware of her medically-related absences.The scenario confirmed that Jennifer’s supervisor is aware of her back pain and that her FMLA absences have been to visit her chiropractor for the back pain. Jennifer states, “”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 or No” Yes
Scenario: Back PainAs previously indicated, Jennifer has back pain that is exacerbated by extended periods of sitting and using a handset phone on long calls.Her employer is aware that an accommodation should be assessed.Jennifer has request two options as accommodations to her medical condition. She would like to either have a private office so she could use a speaker phone when making lengthy calls, or she would like to work from home on days with long calls as she has an ergonomically correct chair and headset at her home office.1. The employer could first do an ergonomic assessment of her existing equipment.2. The employer should deny Jennifer’s accommodation requests as they have never been granted to a person in her position in the past.3. Jennifer could be allowed to work from home on days with long calls until an alternative is found.4. None of the above are correct as the company needs to first obtain medical information before making any immediate changes. 3. Jennifer could be allowed to work from home on days with long calls until an alternative is found.
Scenario: Back PainJennifer’s employer has had a chance to walk through an interactive process with Jennifer to identify a list of possible accommodations for her back pain. These include:-Purchasing a new chair-Purchasing a new headset-Installing a sit/stand station-Changing Jennifer’s work arrangement to work from home on the days that she has lengthy callsIdentify the best step for Jennifer’s employer to take from the options below.1. Always start with the cheapest option2. It is up to the employee to choose unless the cost is prohibitive3. Engage in a discussion with the employee to review the options and put a written agreement in place to document the action chosen and to revisit if there are additional concerns. 3. Engage in a discussion with the employee to review the options and put a written agreement in place to document the action chosen and to revisit if there are additional concerns.
Scenario: Neck InjuryJames is an avid climber and sky diver. He was hired several years ago on Sept. 1, and works a typical five-day week, Monday through Friday.He has been approved for a vacation from Thursday May 1 through Friday May 16. This is a total of 12 vacation days.He will return to work on Monday, May 19.Unfortunately, James injures himself while on vacation in Peru. He suffers a concussion and sprains his neck diving into a pool and spends two days in a local hospital (May 16 and 17).He is able to return to work on May 19 as expected.However, on Thursday May 22 he calls in sick as a result of neck pain. This absence lasts 14 work days, and he returns on Tuesday, June 11.Because James was not on approved vacation time, the two days he spent in the hospital in Peru would NOT count towards his FMLA leave.True or False False
Scenario: Neck InjuryJames is an avid climber and sky diver. He was hired several years ago on Sept. 1, and works a typical five-day week, Monday through Friday.He has been approved for a vacation from Thursday May 1 through Friday May 16. This is a total of 12 vacation days.He will return to work on Monday, May 19.Unfortunately, James injures himself while on vacation in Peru. He suffers a concussion and sprains his neck diving into a pool and spends two days in a local hospital (May 16 and 17).He is able to return to work on May 19 as expected.However, on Thursday May 22 he calls in sick as a result of neck pain. This absence lasts 14 work days, and he returns on Tuesday, June 11.Using James’ hospitalization as the first two days of FMLA absence, which of the four methods will result in the end of the 12-month period soonest?1. Fixed Year (Hire Date)2. Rolling Forward3. Rolling Backward4. Calendar Year 1. Fixed Year (Hire Date)
Scenario: Neck InjuryJames is an avid climber and sky diver. He was hired several years ago on Sept. 1, and works a typical five-day week, Monday through Friday.He has been approved for a vacation from Thursday May 1 through Friday May 16. This is a total of 12 vacation days.He will return to work on Monday, May 19.Unfortunately, James injures himself while on vacation in Peru. He suffers a concussion and sprains his neck diving into a pool and spends two days in a local hospital (May 16 and 17).He is able to return to work on May 19 as expected.However, on Thursday May 22 he calls in sick as a result of neck pain. This absence lasts 14 work days, and he returns on Tuesday, June 11.On June 6, James had no FMLA time left because his first absence of this 12-month period had occurred on Aug. 3 of the previous year.Choose the correct counting method:1. Fixed Year (Hire Date)2. Rolling Forward3. Rolling Backward4. Calendar Year 2. Rolling Forward3. Rolling Backward
“Scenario: Neck InjuryAs a reminder James was hired on Sept 1. When he injures himself in Peru, the two days he spends in a local hospital on May 16 and 17 count towards his FMLA leave.He is able to return to work on May 19. However on May 22 he calls in sick as a result of neck pain, and the absence lasts 14 work days. He returns June 11.On Nov. 5, James injures himself again and needs 14 weeks off. Using the “”calendar year”” counting method will James exhaust his 12 weeks of leave?Yes or No” No
“Scenario: Neck InjuryAs a reminder James was hired on Sept 1. When he injures himself in Peru, the two days he spends in a local hospital on May 16 and 17 count towards his FMLA leave.He is able to return to work on May 19. However on May 22 he calls in sick as a result of neck pain, and the absence lasts 14 work days. He returns June 11.Using the “”fixed year (hire date)”” counting method, how many weeks or days does James have available, beginning Nov. 5 when he injures himself and needs three months off?1. 8 weeks and 3 days2. 52 days3. 12 weeks” 3. 12 weeks
Because jury duty is required, not optional, all employers must provide pay.True or False False
Which of the following is NOT true about paid parental leave?1. Paid programs can be employee-funded and/or employer-funded2. It may be used for sick child or well-care visits.3. It may be used for care of an elderly parent.4. All of the above. 3. It may be used for care of an elderly parent.
Workers’ compensation covers which of the following benefits?1. Income replacement2. Death benefits to dependents3. Medical coverage in addition to income replacement4. All of the above 4. All of the above
Scenario: Bereavement and FMLA LeaveTracy, who lives in Texas, requests an absence of five weeks to care for her terminally ill mother. At the end of week three, her mother passes away and Tracy remains out to tend to funeral services and take bereavement time.Tracy’s employer informs her that weeks one through three will be covered under federal FMLA. However, since her mother passed away at the end of week three, her absence is no longer covered under the federal FMLA. Tracy is entitled to five days of bereavement leave, but she will need to return at the beginning of week five or her original request. The state of Texas does not have a state FMLA leave.The federal FMLA and bereavement leave do not run concurrently as it is not a qualified event under the federal FMLA. There are some states, such as Oregon which do cover bereavement as part of their state leave laws.Which regulation or program directs the requirement of Tracy’s return to work one week earlier than her original five-week leave request?1. Federal FMLA2. Texas FMLA3. Company Policy 3. Company Policy
Because Patrick’s three-week absence for surgery was approved and paid for under the workers’ compensation program, he does not need coverage under the FMLA. The time will only be covered by workers’ compensation.True or False False
Benjamin’s employer was within their rights to terminate his employment because under the FMLA, an employer has the right to require employees to follow absence policy procedures.True or False False
What specific information is protected by HIPAA?1. An individual’s past, present, or future physical or mental health condition2. The provision of healthcare to an individual3. The payment for the provision of healthcare4. All of the above 4. All of the above
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.True or False False
Protected genetic information under GINA includes which of the following?1. The employee’s medical history only2. The medical history of the employee and any family members, including genetic testing that reveals an increased risk of an individual’s likelihood of developing an illness3. The medical history of the employee and any family members, including any genetic testing regardless of the results of the test. 3. The medical history of the employee and any family members, including any genetic testing regardless of the results of the test.