FMLA FMLA Return-to-Work & Reinstatement Procedures 2 — Questions and Answers
Question 1: An employee returns from FMLA leave and finds their former position filled. The employer offers a position with the same pay but fewer advancement opportunities. Does this satisfy FMLA?
- Yes, because pay is equivalent
- No, because equivalent position includes equivalent opportunities for advancement (Correct answer)
- Yes, as long as benefits and hours are also the same
- No, but only if the employee can prove the change was intentional
Correct answer: No, because equivalent position includes equivalent opportunities for advancement
An equivalent position must be substantially similar in duties, skills, and promotional opportunities, not just in pay and benefits.
Question 2: An employee requests to return from FMLA leave two weeks early. What is the employer's obligation?
- The employer must immediately restore the employee
- The employer may delay restoration for up to 2 business days to make operational arrangements (Correct answer)
- The employer can refuse the early return and keep the position filled until the original end date
- The employer must pay out unused FMLA leave as wages
Correct answer: The employer may delay restoration for up to 2 business days to make operational arrangements
Employers may require up to 2 business days' notice before an early return to make reasonable operational adjustments, but must then restore the employee.
Question 3: An employee returning from FMLA leave refuses to provide a fitness-for-duty certification that the employer properly required. What may the employer do?
- Restore the employee and request the certification within 15 days
- Deny job restoration until the certification is provided (Correct answer)
- Accept the employee back and discipline them for non-compliance
- Contact the employee's doctor directly to obtain the certification
Correct answer: Deny job restoration until the certification is provided
If a properly required fitness-for-duty certification is not provided, the employer may deny restoration until the employee submits the certification.
Question 4: Which of the following statements about group health benefit continuation during FMLA leave and reinstatement is correct?
- Benefits lapse the first day of FMLA leave and must be re-enrolled upon return
- Benefits must be maintained during FMLA leave and restored to the same terms upon reinstatement (Correct answer)
- Employees must pay full COBRA premiums during FMLA leave
- Employers may require a waiting period before reinstating health benefits
Correct answer: Benefits must be maintained during FMLA leave and restored to the same terms upon reinstatement
FMLA requires employers to maintain group health benefits under the same terms during leave, and to restore all benefits upon reinstatement as if the leave never occurred.
Question 5: An employee's FMLA leave year ends before they return to work. Their leave has run past 12 weeks. What are the employer's FMLA reinstatement obligations at that point?
- None; FMLA protections end when the 12-week entitlement is exhausted (Correct answer)
- The employee retains reinstatement rights for 30 additional calendar days
- The employee may tap into the new FMLA year entitlement to extend leave
- The employer must continue leave as a reasonable accommodation under the ADA
Correct answer: None; FMLA protections end when the 12-week entitlement is exhausted
Once an employee's 12-week FMLA entitlement is exhausted, FMLA reinstatement rights end and the employer may apply its standard leave policies.
Question 6: An employer's fitness-for-duty certification policy applies only to employees returning from FMLA leave for certain serious health conditions listed by the employer. Is this policy lawful?
- No; fitness-for-duty policies must apply uniformly to all returning employees regardless of condition
- Yes, provided the policy is applied consistently for each listed condition (Correct answer)
- No; fitness-for-duty certifications can only be required for positions involving public safety
- Yes, but only if the employer adds all health conditions to the approved list annually
Correct answer: Yes, provided the policy is applied consistently for each listed condition
Employers may limit fitness-for-duty requirements to specific conditions as long as the policy is applied uniformly and consistently for each covered condition.
FMLA FMLA Return-to-Work & Reinstatement Procedures 2
An employee returns from FMLA leave and finds their former position filled.
The employer offers a position with the same pay but fewer advancement opportunities.
Does this satisfy FMLA?