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

Question 1: Which of the following must be kept in a confidential file separate from the employee's regular personnel records?

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

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 2: An employee provides FMLA notice but the employer determines the employee is not eligible. What must the employer provide?

A 30-day grace period to establish eligibility
A formal administrative hearing before denial
Written notice of ineligibility, including at least one reason why the employee is ineligible (Correct answer)
Only a verbal denial

Correct answer: Written notice of ineligibility, including at least one reason why the employee is ineligible

When an employer determines an employee is not eligible for FMLA leave, it must provide written notice of ineligibility using the WH-381 form, stating at least one reason for the ineligibility determination.

Question 3: What does the FMLA professional standard of documentation accuracy require when tracking intermittent leave?

Recording only the days when the employee provides advance notice
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

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 4: An employee requests FMLA leave for a condition the employer suspects does not qualify. What is the correct process?

Send the employee to an employer-selected physician before providing any notice
Require the employee to prove eligibility before providing the WH-381
Deny the leave immediately
Provide the eligibility notice, request certification, and evaluate based on the completed certification (Correct answer)

Correct answer: Provide the eligibility notice, request certification, and evaluate based on the completed certification

The employer must follow the FMLA process regardless of its initial suspicions: provide the eligibility notice, request certification, and then make the determination based on the completed certification.

Question 5: What is the role of short-term disability insurance in FMLA coordination?

It offers pay during FMLA leave (Correct answer)
It replaces job security
It extends FMLA leave
It limits FMLA eligibility

Correct answer: It offers pay during FMLA leave

Short-term disability insurance plays a crucial role in FMLA coordination by offering a source of income (pay) to employees during their FMLA-protected leave. While FMLA guarantees job protection and continuation of health benefits, it does not mandate paid leave. Short-term disability benefits can help bridge this financial gap, providing partial wage replacement during qualifying medical leaves.

Question 6: What is the primary purpose of a code of ethics in FMLA practice?

To determine salary structures
To establish professional conduct standards and guide ethical decision-making (Correct answer)
To set pricing for professional services
To define standard office hours

Correct answer: To establish professional conduct standards and guide ethical decision-making

A code of ethics provides a framework of professional values and behavioral standards that guides practitioners in ethical decisions while maintaining public trust.

Question 7: 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)
Estimate the duration based on the described condition
Deny the FMLA request due to incomplete certification
Send the form directly back to the doctor for completion

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 8: An employee's FMLA leave year ends before they return to work. Their leave has run past 12 weeks. What are the employer's FMLA reinstatement obligations at that point?

The employee may tap into the new FMLA year entitlement to extend leave
The employee retains reinstatement rights for 30 additional calendar days
None; FMLA protections end when the 12-week entitlement is exhausted (Correct answer)
The employer must continue leave as a reasonable accommodation under the ADA

Correct answer: None; FMLA protections end when the 12-week entitlement is exhausted

Once an employee's 12-week FMLA entitlement is exhausted, FMLA reinstatement rights end and the employer may apply its standard leave policies.

Question 9: Which agency within the Department of Labor primarily enforces the health benefit continuation requirements under FMLA?

The Wage and Hour Division (WHD) (Correct answer)
The Centers for Medicare & Medicaid Services (CMS)
The Employee Benefits Security Administration (EBSA)
The Equal Employment Opportunity Commission (EEOC)

Correct answer: The Wage and Hour Division (WHD)

The Wage and Hour Division (WHD) of the DOL has primary enforcement authority over FMLA, including benefit continuation requirements, while EBSA oversees ERISA compliance for benefit plans.

Question 10: Under the FMLA, which of the following infectious diseases would most likely qualify as a 'serious health condition' requiring inpatient care?

Seasonal allergies managed with antihistamines
Common cold lasting three days
Minor skin rash treated with over-the-counter cream
Influenza requiring hospitalization for complications (Correct answer)

Correct answer: Influenza requiring hospitalization for complications

A serious health condition under FMLA requires inpatient care or continuing treatment by a healthcare provider; influenza requiring hospitalization meets the inpatient care criterion.

Question 11: How soon must an employer respond to a completed FMLA request?

By the end of the month
Within 15 days
Within 5 business days (Correct answer)
Within 24 hours

Correct answer: Within 5 business days

Once an employee submits a completed FMLA request, including any required medical certification, the employer must respond with a designation notice within five business days. This notice informs the employee whether the leave is approved as FMLA-qualifying and how much leave will be counted against their FMLA entitlement. Timely response is crucial for employees to plan their leave.

Question 12: Which notice situation allows an employer to delay the start of FMLA leave?

When the employee's certification is still pending
When the leave is for an emergency qualifying exigency
When the employee is incapacitated and a family member gave notice
When the employee fails to provide 30 days advance notice for foreseeable leave without a reasonable excuse (Correct answer)

Correct answer: When the employee fails to provide 30 days advance notice for foreseeable leave without a reasonable excuse

If an employee fails to provide required 30-day advance notice for foreseeable FMLA leave without a reasonable excuse, the employer may delay the start of FMLA leave by up to 30 days.

Question 13: Which employee is NOT eligible for FMLA leave?

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

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 14: An employee on unpaid FMLA leave chooses to pay premiums upon return rather than during leave. The employer agrees to this arrangement. If the employee fails to return, how should the employer handle the unpaid premiums?

The employer must forgive the premiums because an agreement was made to defer payment
The employer can retain amounts from the employee's 401(k) plan to cover premiums
The employer must file a civil lawsuit to recover any deferred premiums
The employer may deduct the unpaid amounts from the employee's final paycheck, subject to applicable state wage payment laws (Correct answer)

Correct answer: The employer may deduct the unpaid amounts from the employee's final paycheck, subject to applicable state wage payment laws

Unpaid premiums may be recovered through the employee's final paycheck, provided this does not violate applicable state wage payment laws; this is often the most practical recovery method.

Question 15: An employee with long COVID (post-acute sequelae of SARS-CoV-2) experiences chronic fatigue and cognitive impairment for more than a year. For FMLA purposes, this condition should be evaluated as:

A potential chronic serious health condition requiring continuing treatment by a healthcare provider (Correct answer)
Covered only if the employee was hospitalized during the acute COVID phase
Eligible for only 6 weeks of FMLA due to its viral origin
Ineligible because COVID-19 is an acute viral infection

Correct answer: A potential chronic serious health condition requiring continuing treatment by a healthcare provider

Long COVID with chronic symptoms lasting more than a year may qualify as a chronic serious health condition under FMLA if it requires continuing treatment and causes incapacity.

Question 16: 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 3 business days
At least 24 hours before each absence
Within 1 week

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 17: What does professional competency require of a FMLA practitioner?

Accepting all work regardless of qualifications
Learning only during initial schooling
Relying solely on original training
Maintaining current knowledge through continuing education (Correct answer)

Correct answer: Maintaining current knowledge through continuing education

Professional competency requires ongoing education, staying current with developments, and practicing only within qualified areas.

Question 18: What is a FMLA professional's obligation regarding confidentiality?

Protecting client information and disclosing only with authorization or legal requirement (Correct answer)
Using as marketing material
Sharing freely with other professionals
Discussing cases with family

Correct answer: Protecting client information and disclosing only with authorization or legal requirement

Confidentiality requires protecting all client information from unauthorized disclosure, sharing only with consent or legal mandate.

Question 19: A 'key employee' under FMLA is defined as a salaried, FMLA-eligible employee who ranks among the top what percentage of the employer's workforce by pay?

5%
20%
15%
10% (Correct answer)

Correct answer: 10%

FMLA defines a key employee as a salaried, eligible employee who is among the highest-paid 10 percent of the employer's workforce within 75 miles.

Question 20: An FMLA administrator discovers that a supervisor has been automatically denying FMLA requests without reviewing them. What action is most consistent with professional and legal standards?

Send a general reminder email to all supervisors
Allow the supervisor to self-correct without intervention
Review all denied requests, correct errors, and provide immediate training and guidance to the supervisor (Correct answer)
Report only if a formal complaint is filed

Correct answer: Review all denied requests, correct errors, and provide immediate training and guidance to the supervisor

Discovering systematic FMLA denials requires immediate intervention: reviewing affected cases, correcting improper denials, and providing targeted training to the supervisor to prevent further violations.

Question 21: Are employers allowed to substitute paid leave during FMLA leave?

Only for salaried employees
No, only unpaid leave is allowed
Only for FMLA extensions
Yes, paid leave can be substituted (Correct answer)

Correct answer: Yes, paid leave can be substituted

The FMLA allows employees to substitute accrued paid leave (such as vacation, personal, or sick leave) for unpaid FMLA leave. Employers can also require employees to substitute paid leave under certain circumstances, provided their company policy permits it. This substitution means the FMLA leave is still counted against the employee's 12-week entitlement, but the employee receives pay during that period.

Question 22: An employer switches group health insurance carriers while an employee is on FMLA leave. What must the employer do?

Suspend benefit continuation until the employee returns and re-enrolls
Provide the employee the option to remain on the prior carrier's plan
Enroll the employee in the new plan under the same terms as active employees (Correct answer)
Treat the plan change as a COBRA qualifying event for the absent employee

Correct answer: Enroll the employee in the new plan under the same terms as active employees

When an employer changes group health plans during an employee's FMLA leave, the employee must be transitioned to the new plan under the same terms applicable to active employees.

Question 23: 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 may immediately terminate due to job abandonment
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)

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 24: What is a near-miss report in FMLA practice?

A near break-even report
An employee near target
A project near deadline
Documentation of an event that could have caused harm but did not (Correct answer)

Correct answer: Documentation of an event that could have caused harm but did not

Near-miss reports document events where harm almost occurred, providing data to prevent future incidents.

Question 25: Are employers required to post information about FMLA?

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

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 26: Can an employer contact the healthcare provider directly?

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

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 27: Under what circumstances may an employer contact an employee's healthcare provider directly regarding an FMLA medical certification?

Only after the employee has returned from leave
At any time to verify the authenticity of the certification
Only to authenticate or clarify the certification, and only through the employer's own healthcare provider or HR professional, not the direct supervisor (Correct answer)
Whenever the employer suspects fraud, using any company representative

Correct answer: Only to authenticate or clarify the certification, and only through the employer's own healthcare provider or HR professional, not the direct supervisor

An employer may contact the healthcare provider solely to authenticate or clarify the certification, but only through a healthcare provider, HR professional, leave administrator, or management official — never the employee's direct supervisor.

Question 28: An employee tests positive for active tuberculosis (TB) and is ordered to quarantine by the health department. How should the FMLA administrator treat this absence?

It does not qualify because TB is communicable
The employee must use PTO before FMLA applies
Only the first three days qualify under FMLA
It qualifies if TB is certified as a serious health condition by a healthcare provider (Correct answer)

Correct answer: It qualifies if TB is certified as a serious health condition by a healthcare provider

Active TB requiring quarantine can qualify as a serious health condition under FMLA if certified by a healthcare provider as meeting the regulatory definition.

Question 29: An employee on a reduced schedule FMLA leave normally works 40 hours/week but is approved for 20 hours/week. How many weeks of FMLA entitlement does one calendar week consume?

Two weeks
No entitlement is consumed for reduced schedules
One full week
One-half week (Correct answer)

Correct answer: One-half week

A reduced schedule that cuts hours in half consumes only one-half of a week of FMLA entitlement per calendar week worked.

Question 30: FMLA qualifying exigency leave may be designated for which of the following situations?

A covered military member's request for personal time
A spouse's general stress related to work assignments
Routine overseas business travel by a civilian employee
Short-notice deployment of a covered military member (Correct answer)

Correct answer: Short-notice deployment of a covered military member

Short-notice deployment, when the military member is notified 7 or fewer days before deployment, is a qualifying military exigency under FMLA, allowing up to 7 days of leave to address related urgent matters.

Question 31: What is document version control in FMLA?

Printing every draft
Same names for all files
No change tracking
Tracking changes, identifying current versions, and maintaining history (Correct answer)

Correct answer: Tracking changes, identifying current versions, and maintaining history

Version control tracks revisions, identifies current versions, and maintains change history to ensure document integrity.

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.

Questions

35 min

Time Limit

85%

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