FMLA FMLA Intermittent Leave & Reduced Schedule Management 2 — Questions and Answers
Question 1: An employee requests intermittent FMLA leave to care for a parent with Alzheimer's. Which certification form should be used?
- WH-380-E (employee's own serious health condition)
- WH-380-F (family member's serious health condition) (Correct answer)
- WH-384 (qualifying exigency)
- WH-385 (military caregiver)
Correct answer: WH-380-F (family member's serious health condition)
Form WH-380-F is the correct DOL certification form when leave is needed to care for a family member with a serious health condition.
Question 2: How frequently may an employer request recertification for an approved intermittent FMLA leave condition?
- Every 30 days regardless of circumstances
- No more than every 30 days, and only in connection with an absence (Correct answer)
- Once per FMLA year, at the employer's discretion
- Every 6 months or when the minimum leave period expires, whichever is sooner
Correct answer: No more than every 30 days, and only in connection with an absence
Employers may request recertification no more often than every 30 days and only in connection with an FMLA absence from work.
Question 3: A manager suspects an employee is abusing approved intermittent FMLA leave by taking Fridays off repeatedly. What is the appropriate employer response?
- Immediately revoke FMLA approval
- Require the employee to provide a doctor's note for every absence
- Request recertification if a pattern of suspicious absences exists (Correct answer)
- Discipline the employee for attendance violations
Correct answer: Request recertification if a pattern of suspicious absences exists
When a pattern of absences (e.g., always on Fridays) raises doubt about legitimacy, the employer may request recertification citing the pattern.
Question 4: What is the maximum FMLA leave entitlement in a 12-month period for an employee using a combination of continuous and intermittent leave for the same condition?
- 12 weeks continuous plus 12 weeks intermittent
- 12 weeks total, counting both types together (Correct answer)
- 20 weeks total if medically necessary
- No combined cap; each type is counted separately
Correct answer: 12 weeks total, counting both types together
FMLA provides a single 12-week entitlement per year; continuous and intermittent leave for the same condition count against the same 12-week bank.
Question 5: An employee's medical certification for intermittent leave indicates absences of '1–2 days per episode, 1–2 episodes per month.' The employee takes 4 days in one week. What should the FMLA administrator do?
- Automatically deny the extra days beyond the certified frequency
- Count all 4 days as FMLA and update records accordingly
- Contact the healthcare provider to clarify whether the extra days are covered (Correct answer)
- Treat only the first 2 days as FMLA and mark the rest unexcused
Correct answer: Contact the healthcare provider to clarify whether the extra days are covered
When absences exceed the certified frequency or duration, the employer may contact the healthcare provider to clarify whether the additional time is FMLA-covered.
Question 6: Which of the following employer tracking practices is required when an employee uses intermittent FMLA leave?
- Maintain a separate leave bank distinct from PTO that cannot be combined
- Track leave usage in hours and calculate the fraction of the 12-week entitlement consumed (Correct answer)
- Record only full-day absences toward the FMLA entitlement
- Notify the employee after every absence that FMLA is being counted
Correct answer: Track leave usage in hours and calculate the fraction of the 12-week entitlement consumed
Employers must track intermittent leave in hours (or the smallest payroll increment) and calculate the proportion of the 12-week entitlement used.
FMLA FMLA Intermittent Leave & Reduced Schedule Management 2
An employee requests intermittent FMLA leave to care for a parent with Alzheimer's.
Which certification form should be used?