FMLA FMLA Return-to-Work & Reinstatement Procedures

Question 1

An employee returning from FMLA leave for their own serious health condition is entitled to be restored to which position?

Accepted Answer

The same or an equivalent position with equivalent pay, benefits, and working conditions

Answer

Their original position only, with no exceptions

Answer

A comparable position at the employer's discretion

Answer

Any available position in the company

Question 2

An employer requires a fitness-for-duty certification before restoring an employee who took continuous FMLA leave for their own health condition. Which statement about this requirement is correct?

Accepted Answer

The employer must inform the employee of this requirement in the designation notice

Answer

Employers may never require a fitness-for-duty certification

Answer

The employee must pay for the fitness-for-duty examination out of pocket

Answer

The fitness-for-duty certification must be from a specialist

Question 3

An employee on FMLA leave is notified that their position was eliminated in a company-wide reduction in force. What are their FMLA reinstatement rights?

Accepted Answer

The employee has no reinstatement right if they would have been laid off regardless of the leave

Answer

The employee must be restored to any available position in the company

Answer

The employer must reinstate the employee and later lay them off

Answer

The employee is entitled to 6 additional months of employment after returning

Question 4

A 'key employee' under FMLA is defined as a salaried, FMLA-eligible employee who ranks among the top what percentage of the employer's workforce by pay?

Accepted Answer

10%

Answer

5%

Answer

15%

Answer

20%

Question 5

Under what condition may an employer deny reinstatement to a key employee returning from FMLA leave?

Accepted Answer

If reinstatement would cause substantial and grievous economic injury to the employer

Answer

Whenever the employer believes it is inconvenient to reinstate the employee

Answer

If the employee was absent for more than 6 weeks

Answer

If a permanent replacement was hired within the first 2 weeks

Question 6

Before denying reinstatement to a key employee, what must the employer do?

Accepted Answer

Notify the employee of key-employee status and the potential denial as soon as the employer decides to deny reinstatement

Answer

Obtain a court order permitting the denial

Answer

Wait until the employee actually attempts to return to work

Answer

Send written notice to the DOL 30 days in advance