FMLA Coordination with Other Leave Policies & Benefits 2

Question 1

When an employer requires an employee to substitute paid leave for FMLA leave, when does the FMLA entitlement begin running?

Accepted Answer

Concurrently from the first day the FMLA-qualifying condition exists

Answer

FMLA leave runs concurrently with paid leave substitution. The substitution of paid leave does not extend the 12-week FMLA entitlement; both clocks run simultaneously.

Question 2

An employee is receiving workers compensation benefits for a work-related injury that also qualifies as a serious health condition. Can the employer designate this time as FMLA leave?

Accepted Answer

Yes, the employer may designate the workers compensation leave as FMLA leave if it qualifies

Answer

Workers compensation leave and FMLA leave may run concurrently when the injury meets FMLA's definition of a serious health condition. The employer can and should designate it as FMLA leave.

Question 3

Under what circumstances may an employer require an employee to exhaust accrued paid sick leave before taking unpaid FMLA leave?

Accepted Answer

When the employer's established paid leave policy requires it for the type of absence

Answer

An employer may require employees to substitute accrued paid leave during FMLA leave if the employer's paid leave policies would ordinarily require it for that type of absence. The employer must notify employees of this requirement.

Question 4

An employee on FMLA leave is also receiving state-mandated short-term disability benefits. How should the administrator treat this situation?

Accepted Answer

The state disability period may run concurrently with FMLA if the condition qualifies

Answer

State-mandated disability benefits and FMLA can run concurrently when the underlying health condition qualifies for both programs, maximizing the employer's ability to count the time against FMLA.

Question 5

During FMLA leave, an employer is required to maintain group health insurance under which conditions?

Accepted Answer

On the same terms as if the employee had continued working

Answer

Employers must maintain group health insurance coverage during FMLA leave on the same terms and conditions as if the employee had not taken leave, including paying the same employer contribution.

(FMLA) Certified Family and Medical Leave Act Administrator Practice Test

(FMLA) Certified Family and Medical Leave Act Administrator Practice Test

FMLA Coordination with Other Leave Policies & Benefits 2