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

FMLA guarantees restoration to the same position or an equivalent one with equivalent pay, benefits, schedule, and other terms and conditions of employment.

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

If an employer has a uniform policy requiring fitness-for-duty certifications, it must notify the employee of this requirement in the FMLA designation notice.

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

FMLA does not protect employees from layoffs that would have occurred regardless of the leave; if the position was legitimately eliminated, reinstatement is not required.

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

FMLA defines a key employee as a salaried, eligible employee who is among the highest-paid 10 percent of the employer's workforce within 75 miles.

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

Denial of reinstatement for a key employee is only lawful when the employer demonstrates that restoring the employee would cause substantial and grievous economic injury.

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

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

FMLA FMLA Return-to-Work & Reinstatement Procedures