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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 - CORRECT ANSWER: True

All employees who are entitled to leave may take a total of 480 hours of leave.

True or False - CORRECT ANSWER: False

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?

• All eight weeks will be denied under the federal FMLA and approved under California PDL
• 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.

• All eight weeks will be denied under both the federal FMLA and California PDL. - CORRECT ANSWER: 1.

All eight weeks will be denied under FMLA and approved under California PDL

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

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.

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True or False - CORRECT ANSWER: False - the qualifying exigency must arise out of the foreign deployment of the employee's spouse, son, daughter, or parent.

An employee must have a biological relationship with or a legal responsibility for a child in order to take FMLA leave.

True or False - CORRECT ANSWER: False

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?

• The employee is eligible once they provide proof of prior employment.
• The employee is not eligible because they do not have 12 months of service.
• The employee is eligible to take FMLA leave.
• The employee is not eligible because they do not have enough hours worked. - CORRECT ANSWER: 4.

The employee is not eligible because they do not have enough hours worked.

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 - CORRECT ANSWER: False

Because jury duty is required, not optional, all employers must provide pay.

True or False - CORRECT ANSWER: False

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 - CORRECT ANSWER: False 2 / 3

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 - CORRECT ANSWER: False

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?

• You've has a lot of absences recently so when this is settled, we do need to talk.
• I'm sorry to hear about your mom, but your absence puts us in a very difficult position. - CORRECT

ANSWER: 2. I'm sorry to hear about your mom, but your absence puts us in a very difficult position.

For employees whose primary language is not English, an employer must post an FMLA poster in a language in which the employees are literate

True or False - CORRECT ANSWER: False

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 - CORRECT 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.

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.

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