FMLA FMLA Intermittent Leave & Reduced Schedule Management 1 — Questions and Answers
Question 1: An employee requests intermittent FMLA leave for migraines that occur unpredictably. What is the employer's primary obligation when approving this request?
- Approve leave only on days migraines are documented by a physician
- Allow leave in the smallest increment the employer's payroll system uses (Correct answer)
- Require the employee to exhaust all sick leave before using FMLA
- Schedule all intermittent leave on Mondays and Fridays only
Correct answer: Allow leave in the smallest increment the employer's payroll system uses
Under FMLA, intermittent leave must be permitted in the smallest increment the employer's payroll system uses to account for other forms of leave.
Question 2: 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?
- One full week
- Two weeks
- One-half week (Correct answer)
- No entitlement is consumed for reduced schedules
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 3: Which of the following is a legitimate employer response when intermittent FMLA leave disrupts operations?
- Deny future intermittent leave requests
- Temporarily transfer the employee to an equivalent position that better accommodates recurring leave (Correct answer)
- Require the employee to find a replacement worker during absences
- Reduce the employee's pay while on intermittent leave
Correct answer: Temporarily transfer the employee to an equivalent position that better accommodates recurring leave
Employers may temporarily transfer an employee on intermittent or reduced-schedule leave to an equivalent position that better accommodates the leave pattern.
Question 4: An employee has been approved for intermittent FMLA leave and calls in 30 minutes before their shift. The employer's attendance policy requires 2 hours' notice. What applies?
- The employer can count the absence as an unexcused violation
- The employer may deny FMLA protection for that absence
- The employee must comply with the employer's notice policy unless it is not practicable to do so (Correct answer)
- The employee is exempt from all notice requirements under FMLA
Correct answer: The employee must comply with the employer's notice policy unless it is not practicable to do so
Employees must follow the employer's normal call-in procedures unless unusual circumstances prevent them from doing so.
Question 5: When an employee takes unscheduled intermittent leave, how soon must the employer designate the absence as FMLA-qualifying after receiving sufficient information?
- Same day the absence occurs
- Within 3 business days
- Within 5 business days (Correct answer)
- Within 10 business days
Correct answer: Within 5 business days
The employer must provide written FMLA designation notice within 5 business days of receiving sufficient information to determine FMLA eligibility.
Question 6: An employee's approved intermittent FMLA leave has been exhausted mid-year. The employee calls in for what would have been an FMLA-covered absence. How should the administrator handle this?
- Approve the absence as FMLA leave since prior approval was granted
- Deny the absence as unexcused since FMLA entitlement is exhausted
- Apply the employer's non-FMLA leave policies to the absence (Correct answer)
- Automatically extend FMLA leave by 2 weeks
Correct answer: Apply the employer's non-FMLA leave policies to the absence
Once FMLA entitlement is exhausted, the employer applies its own non-FMLA attendance and leave policies to subsequent absences.
FMLA FMLA Intermittent Leave & Reduced Schedule Management 1
An employee requests intermittent FMLA leave for migraines that occur unpredictably.
What is the employer's primary obligation when approving this request?