Certified Family and Medical Leave Act (FMLA) Administrator — Questions and Answers

Question 1: Before an employer may terminate health insurance coverage due to an employee's failure to pay premiums during FMLA leave, what must the employer provide?

At least 15 days' advance written notice before terminating coverage (Correct answer)
Immediate termination is permissible with no advance notice required
Notice only if the employee is on unpaid leave
At least 30 days' advance written notice per COBRA requirements

Correct answer: At least 15 days' advance written notice before terminating coverage

DOL regulations require employers to give at least 15 days' written notice before terminating health coverage for non-payment of premiums during FMLA leave.

Question 2: Under what conditions does substance abuse qualify as a serious health condition under FMLA?

Only for alcoholism, not drug addiction
When the substance abuse requires inpatient treatment or continuing treatment by a health care provider (Correct answer)
Only if the substance abuse is due to a work-related injury
Never, substance abuse is excluded from FMLA

Correct answer: When the substance abuse requires inpatient treatment or continuing treatment by a health care provider

Substance abuse may qualify as a serious health condition when it requires inpatient treatment or treatment by a health care provider. However, FMLA does not protect the employee from discipline for conduct resulting from substance abuse.

Question 3: What differentiates active from inactive records in FMLA?

Active are public; inactive are private
Active are regularly referenced; inactive are retained but rarely accessed (Correct answer)
Inactive have no value
Active are digital; inactive are paper

Correct answer: Active are regularly referenced; inactive are retained but rarely accessed

Active records are frequently referenced; inactive ones are retained for legal or historical purposes but rarely needed.

Question 4: What does the FMLA professional standard of documentation accuracy require when tracking intermittent leave?

Recording only absences of 8 or more hours
Accurately recording each qualifying intermittent absence on the day it occurs (Correct answer)
Rounding intermittent leave to the nearest full day
Recording only the days when the employee provides advance notice

Correct answer: Accurately recording each qualifying intermittent absence on the day it occurs

Accurate, contemporaneous documentation of every qualifying intermittent absence in the smallest increment the employer tracks other leave is a core professional standard for FMLA administration.

Question 5: Are employers required to post information about FMLA?

Only if requested by employees
No, it's optional
Yes, posting is mandatory (Correct answer)
Only for large businesses

Correct answer: Yes, posting is mandatory

Yes, employers covered by FMLA are legally required to post a general notice explaining the provisions of the FMLA in a conspicuous place where employees and applicants can see it. This mandatory posting ensures that all employees are aware of their rights and responsibilities under the Act. Failure to post this notice can result in penalties.

Question 6: Can an employer contact the healthcare provider directly?

No, direct contact is not allowed
Yes, for clarification and authentication only (Correct answer)
Only through the employee
Yes, to request more details

Correct answer: Yes, for clarification and authentication only

An employer can contact the employee's healthcare provider directly, but only for clarification and authentication of the medical certification, and only with the employee's permission. The employer's representative contacting the provider must be a human resources professional, leave administrator, or management official, not the employee's direct supervisor. This ensures privacy while allowing for necessary verification.

Question 7: What is an employer's obligation if it recognizes that an employee's absence is FMLA-qualifying but the employee has not mentioned FMLA?

Notify the employee of their potential FMLA rights and begin the designation process (Correct answer)
Wait until the employee explicitly requests FMLA
Deny the leave since FMLA was not invoked
Contact the employee's doctor without the employee's knowledge

Correct answer: Notify the employee of their potential FMLA rights and begin the designation process

The employer has an affirmative duty to recognize potential FMLA qualifying situations and notify the employee of their rights, even if the employee does not mention FMLA by name.

Question 8: An employee on intermittent FMLA leave must notify the employer of unforeseeable absences when?

As soon as practicable, generally the same day or the next business day (Correct answer)
Within 1 week
Within 3 business days
At least 24 hours before each absence

Correct answer: As soon as practicable, generally the same day or the next business day

For unforeseeable intermittent leave, employees must notify the employer as soon as practicable, which typically means the same day or the next business day unless extraordinary circumstances exist.

Question 9: An employee on approved continuous FMLA leave notifies the employer they need to extend the leave by one week. Must the employer request a new medical certification?

Only if the original certification did not anticipate a possible extension (Correct answer)
Yes, every extension requires new certification
No, the original certification always covers extensions
Only if the extension exceeds 4 weeks

Correct answer: Only if the original certification did not anticipate a possible extension

The employer may request a new or updated certification if the original certification did not contemplate the extension. If the extension falls within the scope of the original certification, no new certification is needed.

Question 10: Under 29 CFR § 825.220(d), what is the effect of an employer providing more generous leave rights than FMLA requires?

The employer must then apply the more generous standard to all future leave requests
The employer forfeits the right to require medical certifications for the additional leave
The additional leave beyond FMLA entitlement is not protected by FMLA, though other laws or contracts may apply (Correct answer)
The additional leave automatically becomes an FMLA-protected right

Correct answer: The additional leave beyond FMLA entitlement is not protected by FMLA, though other laws or contracts may apply

Leave granted beyond the FMLA entitlement is not FMLA-protected; whether it is protected depends on other applicable law, company policy, or a contract.

Question 11: What is the maximum civil monetary penalty the DOL may assess for willful failure to post the required FMLA notice?

$10,000 per violation
$100 per violation
$196 per violation (adjusted for inflation) (Correct answer)
$1,000 per violation

Correct answer: $196 per violation (adjusted for inflation)

The DOL may assess civil money penalties of up to $196 per offense (periodically adjusted for inflation) for willful failure to post the required FMLA notice.

Question 12: An employer designates an employee as a 'key employee' and intends to deny reinstatement. What is the employer's obligation regarding health benefits during the FMLA leave?

The key employee must elect COBRA from the very start of the leave period
The employer must still maintain group health benefits during the FMLA leave period, even if reinstatement may ultimately be denied (Correct answer)
Key employee status eliminates all FMLA benefit continuation obligations
The employer may suspend health benefits immediately upon providing the key employee notice

Correct answer: The employer must still maintain group health benefits during the FMLA leave period, even if reinstatement may ultimately be denied

Even when an employer notifies a key employee that reinstatement may be denied, the employer must still maintain group health coverage for the duration of the FMLA leave.

Question 13: Under FMLA professional standards, what constitutes a conflict of interest for an FMLA administrator?

Approving FMLA leave for a close family member in the same organization without disclosing the relationship (Correct answer)
Processing a leave request for an employee in a different department
Maintaining FMLA records in a secure digital system
Consulting with legal counsel on a pending FMLA claim

Correct answer: Approving FMLA leave for a close family member in the same organization without disclosing the relationship

Approving leave for a close family member without disclosing the relationship and recusing oneself represents a clear conflict of interest, potentially tainting the objectivity of the FMLA decision.

Question 14: An employee asks a coworker to call the employer and report the absence due to an FMLA condition. Is this sufficient notice?

Only if the coworker submits a written statement
No, only HR can accept FMLA notice
Yes, if the coworker provides sufficient information about the qualifying reason (Correct answer)
No, the employee must always call personally

Correct answer: Yes, if the coworker provides sufficient information about the qualifying reason

FMLA allows a third party such as a family member or coworker to provide notice on the employee's behalf when the employee is incapacitated. As long as the notice contains enough qualifying information, it is sufficient.

Question 15: Which of the following best demonstrates the professional standard of consistent application in FMLA administration?

Using different leave year methods for different departments
Applying the same documentation and certification standards to all similarly situated employees (Correct answer)
Granting FMLA leave only to employees who explicitly cite the statute by name
Approving FMLA for popular employees and requiring extra documentation for difficult employees

Correct answer: Applying the same documentation and certification standards to all similarly situated employees

Consistent application requires applying the same standards, documentation requirements, and processes to all similarly situated employees without regard to personal relationships, performance history, or manager preferences.

Question 16: Which of the following conditions does NOT meet the FMLA definition of a serious health condition?

A common cold with one doctor visit and one day off work (Correct answer)
A three-day incapacity with continuing treatment by a health care provider
A chronic condition requiring periodic treatment at least twice a year
Pregnancy and prenatal care

Correct answer: A common cold with one doctor visit and one day off work

A common cold with only one doctor visit and one day off does not meet the FMLA continuing treatment test, which requires either 3 consecutive days of incapacity plus treatment, or a chronic or permanent condition.

Question 17: An employee undergoing chemotherapy requests intermittent FMLA leave for treatments every three weeks plus recovery days. How should the employer handle scheduling of these absences?

Require the employee to use PTO before FMLA applies
Deny intermittent leave because the treatments follow a predictable schedule
Approve intermittent leave and track each absence against the 12-week entitlement (Correct answer)
Require the employee to take block leave for the entire treatment period

Correct answer: Approve intermittent leave and track each absence against the 12-week entitlement

Intermittent FMLA leave for planned medical treatments like chemotherapy must be approved, with each absence counted against the 12-week entitlement.

Question 18: Under FMLA's risk management framework, which action constitutes prohibited retaliation?

Counting FMLA absences in a no-fault attendance policy to trigger termination (Correct answer)
Requiring an employee to use accrued PTO concurrently with FMLA leave
Assigning a different shift to an employee who returns from FMLA leave
Requesting recertification when a new serious health condition is reported

Correct answer: Counting FMLA absences in a no-fault attendance policy to trigger termination

Using FMLA-protected absences against an employee under a no-fault attendance policy constitutes interference and retaliation, per DOL guidance and circuit court rulings.

Question 19: Which of the following is sufficient notice for an employee to trigger the employer's FMLA obligations?

Calling in to say you have back surgery next week and will be out for at least two weeks (Correct answer)
Texting that you are not feeling well and won't be in
Emailing that you need a personal day tomorrow
Submitting a general vacation request

Correct answer: Calling in to say you have back surgery next week and will be out for at least two weeks

An employee does not need to mention FMLA by name, but must provide enough information to put the employer on notice that the absence may be FMLA-qualifying. Surgery requiring two or more weeks of recovery qualifies.

Question 20: An employee's doctor completes the WH-380-E form but leaves the expected duration section blank. What must the administrator do?

Provide written notice of the deficiency and allow 7 calendar days for the employee to cure it (Correct answer)
Deny the FMLA request due to incomplete certification
Send the form directly back to the doctor for completion
Estimate the duration based on the described condition

Correct answer: Provide written notice of the deficiency and allow 7 calendar days for the employee to cure it

If a certification is incomplete or insufficient, the employer must provide the employee with written notice of the specific deficiency and allow at least 7 calendar days to cure it before denying the leave.

Question 21: Which statement about FMLA notice content is correct?

The notice must specifically reference the 12-week entitlement
The employee must provide enough information to alert the employer that the leave may be FMLA-qualifying (Correct answer)
The notice must be submitted on a DOL-approved form
The employee must diagnose their condition in the notice

Correct answer: The employee must provide enough information to alert the employer that the leave may be FMLA-qualifying

Employees only need to provide sufficient information to suggest that the absence may be for an FMLA-qualifying reason. No official form, diagnosis, or specific legal reference is required.

Question 22: Which family relationships are covered under federal FMLA for caring for a family member with a serious health condition?

Any family member living in the employee's household
Spouse, child, parent, and parent-in-law
Spouse, parent, child, sibling, and grandparent
Spouse, parent, and child only (Correct answer)

Correct answer: Spouse, parent, and child only

Federal FMLA covers leave to care for a spouse, parent, or child. Siblings, grandparents, and in-laws are NOT covered under federal FMLA, though some state laws extend coverage.

Question 23: An FMLA administrator overhears a manager saying they will give a poor performance review to an employee who just returned from FMLA leave to 'send a message.' What is the administrator's professional responsibility?

Document and report the manager's statement to HR and legal counsel (Correct answer)
Wait to see if the performance review actually occurs before acting
Treat it as a private conversation with no obligation to act
Advise the manager informally and take no further action

Correct answer: Document and report the manager's statement to HR and legal counsel

An FMLA administrator has a professional obligation to prevent FMLA retaliation. Overhearing a manager's intent to retaliate requires immediate documentation and escalation to HR and legal counsel.

Question 24: A fitness-for-duty certification upon return from FMLA leave may address which of the following?

The employee's ability to perform the essential functions of their specific position (Correct answer)
Only the general ability to return to work, not specific job duties
Only conditions that caused continuous leave, not intermittent leave conditions
Any health condition the employer believes may affect performance, not just the FMLA condition

Correct answer: The employee's ability to perform the essential functions of their specific position

If the employer provides a list of essential functions before leave, the fitness-for-duty certification may specifically address the employee's ability to perform those functions.

Question 25: What should a FMLA professional do upon discovering a colleague's unethical conduct?

Confront publicly at a meeting
Post anonymously online
Ignore it to maintain harmony
Report through appropriate channels with proper documentation (Correct answer)

Correct answer: Report through appropriate channels with proper documentation

Professionals have an obligation to report misconduct through proper channels while documenting observations to support investigation.

Question 26: An employee fails to return to work after FMLA leave and provides no notice. What must the employer do before taking employment action?

The employer must wait 30 days before taking action
The employer must request a third medical opinion
The employer must make reasonable efforts to contact the employee to determine the reason for non-return (Correct answer)
The employer may immediately terminate due to job abandonment

Correct answer: The employer must make reasonable efforts to contact the employee to determine the reason for non-return

Before treating non-return as job abandonment or taking adverse action, the employer should make reasonable efforts to contact the employee. The employee may have a continuing FMLA-qualifying reason.

Question 27: Why is it important to align FMLA with company policies?

To limit employee questions
To avoid offering benefits
To ensure consistent leave administration (Correct answer)
To reduce employee morale

Correct answer: To ensure consistent leave administration

Aligning FMLA with company policies is vital for ensuring consistent and fair administration of leave across the organization. This consistency helps prevent discrimination claims, reduces confusion for both employees and managers, and streamlines the leave request and approval process. It also ensures that company policies do not inadvertently violate FMLA requirements, maintaining legal compliance.

Question 28: An employee is on paid FMLA leave. How must their share of health insurance premiums be collected?

The employer must absorb the employee's share during paid leave
By direct payment from the employee to the insurance carrier
Via COBRA election during the paid leave period
Through the normal payroll deduction process from the paid leave wages (Correct answer)

Correct answer: Through the normal payroll deduction process from the paid leave wages

When an employee is receiving paid leave benefits, the employer may continue deducting the employee's premium share through the normal payroll process.

Question 29: Which DOL form is used when an employee requests FMLA leave to care for a family member with a serious health condition?

WH-380-E
WH-384
WH-380-F (Correct answer)
WH-381

Correct answer: WH-380-F

DOL Form WH-380-F (Certification of Health Care Provider for Family Member Serious Health Condition) is used when the leave is to care for a covered family member.

Question 30: In FMLA practice, what constitutes a conflict of interest?

A disagreement between colleagues about procedures
A scheduling conflict between meetings
When personal interests could compromise professional judgment (Correct answer)
A difference in project opinions

Correct answer: When personal interests could compromise professional judgment

A conflict of interest occurs when personal, financial, or other interests could potentially influence professional judgment and decisions.

Question 31: If an employee's health insurance coverage lapses during unpaid FMLA leave due to non-payment of premiums, what must the employer do when the employee returns?

The employer has no further obligation to restore coverage
The employer must restore coverage immediately upon return without any waiting period or pre-existing condition exclusions (Correct answer)
The employer may require a new enrollment period
The employer may impose a new waiting period

Correct answer: The employer must restore coverage immediately upon return without any waiting period or pre-existing condition exclusions

Upon return from FMLA leave, the employer must restore the employee's health insurance to the same terms as before the leave, without any waiting period or exclusions for pre-existing conditions.

Question 32: If an employer offers dental and vision benefits in addition to medical insurance, what is the FMLA obligation regarding these supplemental benefits during leave?

Dental and vision are governed solely by COBRA and not by FMLA continuation rules
Only group medical health insurance must be continued; dental and vision may be suspended
All group health benefits, including dental and vision, must be maintained under the same terms as for active employees (Correct answer)
Supplemental benefits continue only if the employee pays the full premium cost

Correct answer: All group health benefits, including dental and vision, must be maintained under the same terms as for active employees

FMLA's benefit continuation requirement applies to all group health plan benefits, including dental and vision, not just medical insurance.

Question 33: During a business continuity emergency, an employer asks an employee on FMLA leave to perform work from home. What does FMLA require?

The employee must comply if the work can be done remotely
The employee may perform work but must be paid at overtime rates
FMLA prohibits employers from requiring work during FMLA leave; the employee may decline (Correct answer)
The employer may threaten termination if the employee refuses

Correct answer: FMLA prohibits employers from requiring work during FMLA leave; the employee may decline

FMLA leave is protected time off. Employers cannot require employees to perform work during FMLA leave. Doing so would constitute interference with the employee's FMLA rights.

Question 34: Which federal law most frequently intersects with FMLA in the context of protecting medical information gathered during the FMLA certification process?

The Health Insurance Portability and Accountability Act (HIPAA)
The Americans with Disabilities Act (ADA) (Correct answer)
Title VII of the Civil Rights Act
ERISA

Correct answer: The Americans with Disabilities Act (ADA)

The ADA's confidentiality requirements govern medical information obtained by employers, requiring FMLA medical records to be stored separately from personnel files.

Question 35: An employee on warfarin (blood thinner) requires weekly INR blood tests at a medical clinic. Each visit takes approximately 90 minutes including travel. The employer uses 30-minute leave increments. How much FMLA leave should be recorded per visit?

30 minutes — the minimum increment
90 minutes — the actual time away from work (Correct answer)
Half a day regardless of actual time away
60 minutes — rounding to the nearest hour

Correct answer: 90 minutes — the actual time away from work

FMLA leave should be recorded based on the actual time the employee is away from work due to the qualifying reason, using the employer's minimum increment if the actual time is less.

Question 36: Which employee is NOT eligible for FMLA leave?

An employee who has worked for the employer for 13 months
An employee who worked 1,400 hours over the past 12 months
An employee at a site with only 40 employees within 75 miles of any employer worksite (Correct answer)
An employee who works at a site with 60 employees within 75 miles

Correct answer: An employee at a site with only 40 employees within 75 miles of any employer worksite

FMLA eligibility requires working at a worksite where the employer employs 50 or more employees within 75 miles. An employee at a site where fewer than 50 employees work within 75 miles does not meet this threshold.

Question 37: An employee on intermittent FMLA leave for migraines takes unscheduled absences every Monday for six weeks. What is the employer's most appropriate risk management response?

Report the pattern to the employee's physician directly
Request recertification from the healthcare provider citing the pattern of absences (Correct answer)
Deny further intermittent leave and require block leave instead
Terminate the employee for excessive absenteeism

Correct answer: Request recertification from the healthcare provider citing the pattern of absences

Employers may request recertification when a pattern of absences that appears inconsistent with the condition arises, per 29 CFR 825.308.

Question 38: An employer's written policy terminates health coverage for all employees when premiums are 30 days overdue. An employee on unpaid FMLA leave falls 30 days behind on premiums. What must the employer do?

Wait 60 days before terminating coverage for FMLA employees as a special protection
Continue coverage indefinitely regardless of non-payment during FMLA leave
Provide at least 15 days' advance written notice before terminating coverage, even if the policy otherwise allows immediate termination (Correct answer)
Apply the same policy immediately since it applies uniformly to all employees

Correct answer: Provide at least 15 days' advance written notice before terminating coverage, even if the policy otherwise allows immediate termination

FMLA regulations require a minimum 15-day advance written warning before terminating health coverage for non-payment during leave, even when the employer's general policy allows for earlier termination.

Question 39: Which of the following must be kept in a confidential file separate from the employee's regular personnel records?

FMLA medical certifications and related medical information (Correct answer)
Employee time-off request forms
FMLA designation notices
Supervisor FMLA approval emails

Correct answer: FMLA medical certifications and related medical information

Medical information obtained for FMLA purposes must be stored in separate, confidential files and may not be kept in the regular personnel file, consistent with ADA confidentiality requirements.

Question 40: What is the employee's obligation when a periodic recertification is requested by the employer?

The employee must provide recertification every 30 days without employer request
The employee may refuse all recertification requests
The employee must return the completed recertification within 15 calendar days unless not practicable (Correct answer)
The employee has 60 days to respond to recertification requests

Correct answer: The employee must return the completed recertification within 15 calendar days unless not practicable

When an employer requests recertification, the employee has 15 calendar days to provide the completed recertification, the same timeline as the initial certification.

Question 41: An employee returns from FMLA leave but cannot perform one essential function due to a residual restriction. Under FMLA, what is the employer's obligation?

Require the employee to take additional unpaid leave until fully recovered
Offer only light-duty work until full recovery
Terminate the employee since they cannot perform all essential functions
Restore the employee to the same or equivalent position regardless of the restriction (Correct answer)

Correct answer: Restore the employee to the same or equivalent position regardless of the restriction

FMLA guarantees job restoration to the same or equivalent position; however, the ADA may separately require reasonable accommodation if a disability is involved.

Question 42: For what minimum period must employers retain FMLA medical records and certifications?

2 years
1 year
7 years
3 years (Correct answer)

Correct answer: 3 years

FMLA regulations (29 CFR 825.500) require employers to maintain FMLA-related records, including medical certifications, for at least 3 years.

Question 43: Which professional standard requires an FMLA administrator to treat leave requests for mental health conditions with the same rigor as physical health conditions?

The specific FMLA mental health clause
ADA Title III public accommodation rules
The Mental Health Parity Act leave provisions
Non-discrimination and equal application of FMLA eligibility standards (Correct answer)

Correct answer: Non-discrimination and equal application of FMLA eligibility standards

The principle of non-discrimination and equal application requires FMLA administrators to process mental health-related leave requests with the same standards applied to physical health conditions. FMLA treats both equally.

Question 44: When the need for FMLA leave is foreseeable, how many days advance notice must an employee provide?

60 days
30 days (Correct answer)
7 days
14 days

Correct answer: 30 days

When the need for FMLA leave is foreseeable, such as a scheduled surgery or known pregnancy, the employee must provide at least 30 days advance notice whenever practicable.

Question 45: Under what circumstance may an employer deny an employee's request to take intermittent FMLA leave for a chronic condition?

When the employee has already used 6 weeks of leave in the current year
When the employee fails to give 48 hours' notice for each absence
When the condition does not meet the FMLA definition of a serious health condition (Correct answer)
When intermittent leave would disrupt the employer's operations

Correct answer: When the condition does not meet the FMLA definition of a serious health condition

Intermittent FMLA leave may only be denied if the underlying condition does not qualify as a serious health condition under the FMLA regulations.

Question 46: An employer's written policy requires employees to use accrued vacation before taking unpaid leave but is silent on sick leave. For an employee on FMLA for their own serious health condition, can the employer require use of accrued sick leave?

Yes, because sick leave most closely aligns with the reason for FMLA leave
No, only vacation may ever be substituted
Yes, if the employer provides written notice at the start of the leave
No, because the policy does not address sick leave substitution during FMLA (Correct answer)

Correct answer: No, because the policy does not address sick leave substitution during FMLA

An employer can only require substitution of paid leave types that its established policies would normally require for that type of absence. If the policy is silent on sick leave during FMLA, the employer cannot unilaterally impose sick leave substitution.

Question 47: When an employee is on unpaid FMLA leave, which of the following describes a permissible employer arrangement for collecting the employee's premium share?

The employer may automatically enroll the employee in COBRA to handle premium collection
The employer may require the employee to pay via prepayment before leave, pay-as-you-go during leave, or catch-up payment upon return (Correct answer)
The employer may suspend coverage and reinstate it upon return to simplify administration
The employer must pay the full premium and seek reimbursement only after the employee returns

Correct answer: The employer may require the employee to pay via prepayment before leave, pay-as-you-go during leave, or catch-up payment upon return

DOL regulations permit three acceptable methods for collecting employee premiums during unpaid FMLA leave: prepayment before leave begins, payment during leave, or catch-up upon return.

Question 48: What action must be taken if an employee fails to return medical certification?

Disregard the certification
Deny or delay the leave (Correct answer)
Grant leave without delay
File a complaint with OSHA

Correct answer: Deny or delay the leave

If an employee fails to return the requested medical certification in a timely manner, the employer may deny or delay the FMLA leave. Employers are entitled to receive sufficient information to determine if the leave qualifies under FMLA. Without proper certification, the employer cannot confirm the legitimacy of the serious health condition.

Question 49: An FMLA administrator is approached by a coworker asking why a colleague is on leave. What is the appropriate response?

Share the information if the coworker signs a confidentiality agreement
Confirm the leave but state the general reason without specifics
Decline to share any information about another employee's leave status or reason (Correct answer)
Share the information if the coworker is the absent employee's supervisor

Correct answer: Decline to share any information about another employee's leave status or reason

An employee's FMLA leave status is confidential. The administrator should not confirm, deny, or explain another employee's leave status to coworkers, regardless of the requester's relationship to the absent employee.

Question 50: What is the FMLA poster requirement for covered employers?

Include the FMLA notice in new hire paperwork only
Post the FMLA notice in break rooms only
Post the DOL FMLA notice in a conspicuous place where employees and applicants can see it (Correct answer)
Distribute the FMLA notice annually via email only

Correct answer: Post the DOL FMLA notice in a conspicuous place where employees and applicants can see it

Covered employers must post the DOL's FMLA notice (WH-1420) in a conspicuous place accessible to employees and job applicants. Failure to post may result in a civil penalty of up to $196 per offense.

Question 51: Which benefit may an employer lawfully cease accruing while an employee is on unpaid FMLA leave?

Seniority accrual
Pension vesting that depends on active service hours
Health insurance coverage
Vacation time that accrues only during active work hours (Correct answer)

Correct answer: Vacation time that accrues only during active work hours

Benefits that accrue only during actual active work do not need to continue accruing during unpaid FMLA leave. Seniority continues because FMLA cannot result in a loss of accrued seniority.

Certified Family and Medical Leave Act (FMLA) Administrator

The FMLA Administrator certification validates expertise in administering the Family and Medical Leave Act, covering employer obligations, employee eligibility, notice requirements, benefits continuation, medical certification, and ethical compliance standards for HR professionals.

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