FMLA/ADA Quiz

The Family and Medical Leave Act was enacted in 1993 to?

Protect discrimination from workers over the age of 40
Protect discrimination from workers with benefits
Protect discrimination from workers with job-protection & unpaid leave
Protect discrimination from workers with disabilities

Which of the terms is not a part of a FMLA Investigation process?

Thoughtfulness
Speed
Thoroughness
Objectivity

Which of the following statements is false? In order to be eligible to take leave under FMLA an employee must:

Work for a covered employer
Have worked for 12 months
Work at a location where the employer has 20 or more employees within 75 mi
Have worked for 1250 hours

What is considered a serious health condition?

Conditions requiring an overnight stay in a hospital or other medical care facility
Conditions that incapacitate you or your family
Conditions that are chronic which cause occasional periods when you or your family are incapacitated and require treatment at least twice a year
All of the Above

Which of the following is NOT a qualifying Exigency Leave category?

Care of the military member’s parent
Post deployment activities
Attending military events
Rest & recuperation activity (up to 10 days)

FMLA is not normally available for bereavement and funerals, with which of the following exception?

Death of an employee’s mother or father
Death of an employee’s child, provided that the child was younger than age 18
Death of an employee’s immediate family member
Funeral and other observances related to the death of the employee’s spouse, son, daughter, or parent in connection with a military “qualifying exigency”

Employers must keep all records specified by FMLA regulations no less than?

2 years
3 years
4 years
5 years

Jan, who has been with his covered employer for two years, broke his wrist after slipping on ace at work. He is going to require surgery and will be out of work for 4 weeks. What course of action should be taken following Jan’s injury?

File a worker’s compensation claim and follow FMLA guidelines to designate Jan for leave under FMLA
Have Jan file a worker’s compensation claim
Tell Jan that he can remain out of work on FMLA, but there’s no need to file a claim because she has health insurance to cover his injury
Have Jan only file for the FMLA and ensure him that his position will be waiting for him up to 12 weeks.

For a condition to be a chronic serious health concern, it has to?

Continue over an extended period of time
Have the Employee visits for periodic treatments
Cause either episodic, continuing, or incapacity condition
All of the above

Geri has been employed with the covered employer for four months. She recently learned she is diabetic and will require several appointments over the next few months to establish an appropriate treatment regimen. As her HR manager, you should?

Tell Geri her appointments will have to fall outside of work hours because she isn’t covered under FMLA and hasn’t accrued enough time to miss work
Believe Geri’s story and don’t request any documentation and allow her to miss work whenever needed
Engage in the interactive process to assess intermittent leave as a reasonable accommodation through ADA
Tell Geri to take her appointments and dock her pay

Which of the following conditions are covered under serious health condition?

Flu
Earaches
Migraines
Minor ulcers

Dani is returning to work after being on FMLA for 8 straight weeks due to depression. She submits a Fitness to Return stating she needs to attend a weekly appointment for 1 hour/day. How should Dani’s Fitness to Return be handled?

Engage in the interactive process to determine if there’s an alternative action
Dani’s FMLA is already used up, since she took 8 weeks of her blocked FMLA
Mandate Dani’s appointments be with the internal EAP so she doesn’t have to miss too much time
Dan has 4 weeks remaining of her blocked FMLA. Encourage her to transition it to intermittent FMLA for her appointments. Once her FMLA is exhausted the engage in the interactive process to assess accommodations including leave

The two protections under the FLMA Leave is?

Group Health Insurance Benefits & Job Restoration
Group Health Insurance Benefits & Job Rotation
Group Paid Leave & Job Rotation
Group Paid Leave & Job Restoration

Baby Bonding is not considered which of the following?

Pregnancy
Birth
Adoption
Foster care

Charlie is receiving leave as an accommodation for a physical health disorder. Since he hasn’t been with the company long enough, he is not eligible for FMLA. He contacts HR and asks what will happen to her health insurance and other benefits while she is out on leave. As the HR Generalist, you tell her?

Only employees under FMLA continue to receive benefits
He will continue to receive benefits but only if she has enough PTO and other accruals to cover lost time
He continues to receive his benefits while on leave
He needs to stop his benefits while on leave

Which of the following is NOT an example of a medical condition related to pregnancy or childbirth?

Preeclampsia
Gestational Diabetes
Lactation-related Need
All of the above

Maurice has worked for the covered employer for 11 months and needs leave for 8 weeks. After engaging in the interactive process, he receives leave as a reasonable accommodation and is told it will transition into FMLA at one year of employment, as he has already met the hour requirement. How many hours has Maurice worked thus far this year?

1000 hours in 11 months
1100 hours in 11 months
1200 hours in 11 months
1300 hours in 11 months

Is adoption or foster care covered under the FMLA?

Yes – you will probably need documentation
Yes – you will definitely not need documentation
Yes – only if the child is sick
No

Which is NOT an example of retaliation?

Terminating an employee because she requested FMLA leave
Demoting an employee because he is taking intermittent leave to care for a family member
Giving a below expectations on his last performance appraisal due to FMLA absences
Promoting an employee after she became a whistle blower

If the employer requests medical certification, the employee is responsible for providing a complete and sufficient certification within how many days?

5 days
10 days
15 days
20 days

Which of the following are the 2 types of FMLA Claims an employee can exercise?

Reference and Retaliation Claims
Interference and Retaliation Claims
Reference and Refusal Claims
Interference and Refusal Claims

Who of the following is not considered a Health Care Provider under FMLA provisions?

A doctor of medicine who is authorized by the State
Any other person determined by the Senator of the State
Dentist who is authorized by the State
Christian Science practitioner listed with the First Church of Christ

Which of the following statements are true?

A worker can take up to 18 weeks of leave in a 12-month period for adoption
A worker can take up to 12 weeks of leave in a 8-month period for foster care
A worker can take up to 18 weeks of leave in a 12 month period for a birth
A worker can take up to 26 weeks of leave in a 12-month period for service member care

Donny was denied FMLA leave from his employer. He then decided to fill out a Retaliation claim in response. For which of the following examples would he not want to fill out a Retaliation claim?

Donny was terminated because he requested FMLA leave
Donny was demoted because he is taking intermitted FMLA leave
Donny was discouraged from taking FMLA leave
Donny’s performance review was a “below” due to his FMLA absences

Which is not a remedy available for an FMLA claim?

Back pay
Front pay
Reinstatement
New job

November 23, 2021

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