CLMS Latest Update - 250 Questions and 100% Verified Correct Answers Guaranteed A+
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. - CORRECT ANSWER: True.
Active Duty - CORRECT ANSWER: 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.
ADA - CORRECT ANSWER: Americans with Disabilities Act
protects privacy rights when EE applies for job, offered job, when employed
ADA - CORRECT ANSWER: 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 EEs Enacted in 1990 Revision ADAAA 2008 Effective 2009
ADA interactive process - CORRECT ANSWER: step 1: recognizing an accommodation
step 2: Gathering information
step 3:Exploring Accommodations Options
step 4:Choosing an Accommodation 1 / 4
Step 5: implementing the accommodation
step 6: monitoring the accommodation
ADA/ADAAA - CORRECT ANSWER: prohibits discrimination against a qualified individual with a disability
on the basis of that disability in regard to:
pre-employment changes in employment status pay and compensation job opportunties/promotions leaves sponsored/related activities training/conferences all else
ADLs - CORRECT ANSWER: Activities of Daily Living such as eating, dressing, bathing.
Adoption and foster care - CORRECT ANSWER: 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
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? - CORRECT ANSWER: Yes
after ordering chair headset and allowing WFH what are the Next steps for ER? - CORRECT ANSWER: 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.
All employee's who are entitled to leave may take a total of 480 hours of leave. - CORRECT ANSWER: False- Each employee's entitlement will be based on their individual schedule. 12 workweeks will equal 2 / 4
480 hours only for employee who work exactly 40 hours per week (12*40=480)) with absolutely no deviation and no adjustment for holidays.
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? - CORRECT
ANSWER: No.
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. - CORRECT ANSWER: 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.
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. - CORRECT ANSWER: 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.
An employee must have a biological relationship with or a legal responsibility for a child in order to take FMLA leave. - CORRECT ANSWER: 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"
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.
- CORRECT ANSWER: Employee is not eligible because they do not have enough hours worked. 3 / 4
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. - CORRECT ANSWER: False
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. - CORRECT ANSWER: False
An equal employment opportunity - CORRECT ANSWER: 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.
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. - CORRECT ANSWER: False
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 15-36 weeks 37-52 taken off for rotator cuff sx w/complications rtw at week 53 (beginning of year 2 through week 74 nephew is in accident she takes week 78 and 79 off b/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? - CORRECT ANSWER: Yes, All four absences periods were covered under on or both of the leave laws.
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. - CORRECT ANSWER: False- the qualifying exigency must arise out of the foreign deployment or the employee's spouse, son, daughter, or parent.
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