FMLA Employer Responsibilities & Documentation 2

Question 1

An employer has 45 employees at headquarters and 15 at a satellite office. Which employees must receive FMLA leave?

Accepted Answer

All employees, because the combined workforce exceeds 50

Answer

FMLA employer coverage is determined by counting all employees on the payroll. An employer with 50 or more total employees is a covered employer. Individual employee eligibility requires working at a site with 50 or more employees within 75 miles.

Question 2

Which employee is NOT eligible for FMLA leave?

Accepted Answer

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

Answer

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 3

An employer uses the rolling backward method to calculate the FMLA leave year. An employee took 10 weeks of FMLA leave ending 8 months ago. How much FMLA leave remains?

Accepted Answer

2 weeks

Answer

Under the rolling backward method, the employer looks back 12 months from the current date. Since 10 weeks were taken within that 12-month window, only 2 weeks remain.

Question 4

What must an employer include in the FMLA designation notice (WH-382)?

Accepted Answer

Whether the leave is approved and how much will be counted against the FMLA entitlement

Answer

The designation notice must inform the employee whether their leave has been designated as FMLA leave and, if applicable, how much leave will be charged against the FMLA entitlement.

Question 5

An employer discovers that an employee's recent absence qualifies for FMLA but the employee never mentioned FMLA and the employer did not designate it. What should the employer do?

Accepted Answer

Issue a retroactive FMLA designation as soon as possible

Answer

The DOL permits retroactive designation of FMLA leave when the employer discovers qualifying leave was not designated, preventing the employer from later claiming non-FMLA leave counted against the entitlement.

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

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

FMLA Employer Responsibilities & Documentation 2