FMLA Emergency Procedures & Response 2

Question 1

Which 2020 federal law temporarily expanded FMLA coverage for childcare-related leave during a public health emergency?

Accepted Answer

The Families First Coronavirus Response Act (FFCRA)

Answer

The Families First Coronavirus Response Act temporarily expanded FMLA as Emergency FMLA to cover leave for employees unable to work because their child's school or care facility was closed due to a public health emergency.

Question 2

When an employee calls in sick but gives no specific reason, under what condition should the administrator inquire about FMLA eligibility?

Accepted Answer

When the employee's absence could qualify for FMLA based on known or communicated information

Answer

The employer has an affirmative duty to inquire about possible FMLA eligibility when it has enough information suggesting the absence may be FMLA-qualifying, even if the employee does not specifically mention FMLA.

Question 3

An employee has an approved intermittent FMLA leave plan. During an emergency all-hands meeting, the employee leaves early citing their FMLA condition. Can the employer discipline the employee?

Accepted Answer

No, using approved intermittent FMLA leave cannot be the basis for discipline

Answer

An employer cannot discipline an employee for using approved intermittent FMLA leave, even during important meetings. FMLA prohibits any adverse employment action taken because of FMLA leave use.

Question 4

A natural disaster destroys an employer's FMLA records. What is the employer's obligation?

Accepted Answer

The employer must reconstruct records to the extent possible and document the disaster

Answer

While the DOL recognizes force majeure events, employers are expected to make good-faith efforts to reconstruct records and document the circumstances of the loss.

Question 5

An employee on FMLA leave for a qualifying exigency has an unexpected family emergency requiring immediate travel. What notice obligation applies?

Accepted Answer

The employee must provide notice as soon as practicable under the circumstances

Answer

When FMLA leave for a qualifying exigency is unforeseeable, the employee must provide notice as soon as practicable, which generally means the same day or the next business day.

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

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

FMLA Emergency Procedures & Response 2