FMLA Infection Control & Prevention 2 — Questions and Answers
Question 1: Under the FMLA, which of the following infectious diseases would most likely qualify as a 'serious health condition' requiring inpatient care?
- Common cold lasting three days
- Influenza requiring hospitalization for complications (Correct answer)
- Minor skin rash treated with over-the-counter cream
- Seasonal allergies managed with antihistamines
Correct answer: Influenza requiring hospitalization for complications
A serious health condition under FMLA requires inpatient care or continuing treatment by a healthcare provider; influenza requiring hospitalization meets the inpatient care criterion.
Question 2: An employee tests positive for active tuberculosis (TB) and is ordered to quarantine by the health department. How should the FMLA administrator treat this absence?
- It does not qualify because TB is communicable
- It qualifies if TB is certified as a serious health condition by a healthcare provider (Correct answer)
- Only the first three days qualify under FMLA
- The employee must use PTO before FMLA applies
Correct answer: It qualifies if TB is certified as a serious health condition by a healthcare provider
Active TB requiring quarantine can qualify as a serious health condition under FMLA if certified by a healthcare provider as meeting the regulatory definition.
Question 3: A healthcare employee requests FMLA to care for a family member with a highly contagious MRSA infection. What is the employer's primary obligation?
- Deny the request due to the infection risk to coworkers
- Approve the request if the family member has a serious health condition and all eligibility criteria are met (Correct answer)
- Require the employee to work from home instead
- Limit leave to five days for infectious disease care
Correct answer: Approve the request if the family member has a serious health condition and all eligibility criteria are met
The communicable nature of a family member's illness does not affect FMLA eligibility; the employer must approve qualifying leave regardless of the disease's contagiousness.
Question 4: An employee returning from FMLA leave for a confirmed COVID-19 infection submits a fitness-for-duty certification. The employer may require this certification only if:
- The employee was absent for any amount of time
- The employer has a uniformly applied policy requiring fitness-for-duty certifications for that category of employees (Correct answer)
- The infection involved a communicable disease
- The employee used intermittent FMLA leave
Correct answer: The employer has a uniformly applied policy requiring fitness-for-duty certifications for that category of employees
Employers may require fitness-for-duty certifications upon return from FMLA only if they have a uniformly applied policy and the employee was notified at the time leave commenced.
Question 5: Which regulatory standard most directly intersects with FMLA obligations when an employer implements a mandatory quarantine policy after a workplace disease exposure?
- EPA Clean Air Act standards
- OSHA General Duty Clause and bloodborne pathogen standards (Correct answer)
- HIPAA Privacy Rule for covered entities only
- ADA Title III public accommodation standards
Correct answer: OSHA General Duty Clause and bloodborne pathogen standards
OSHA standards, particularly the General Duty Clause and bloodborne pathogen regulations, most directly intersect with FMLA when employers manage workplace infection control and mandatory quarantine.
Question 6: An employee diagnosed with HIV/AIDS requests intermittent FMLA leave for scheduled antiretroviral treatment appointments. The FMLA administrator should:
- Deny because HIV is a communicable disease
- Approve intermittent leave if the condition meets the serious health condition definition (Correct answer)
- Require the employee to transfer to a non-public-facing role before approving
- Only approve leave for acute AIDS-related hospitalizations
Correct answer: Approve intermittent leave if the condition meets the serious health condition definition
HIV/AIDS typically qualifies as a chronic serious health condition under FMLA, entitling the employee to intermittent leave for treatment appointments.
Question 7: Under FMLA regulations, an employee who is healthy but has been exposed to a serious communicable disease and ordered by a public health authority to quarantine:
- Cannot use FMLA because they have no current serious health condition
- May qualify for FMLA if a healthcare provider certifies they are unable to work due to a serious health condition (Correct answer)
- Must exhaust all PTO before FMLA becomes available
- Is covered only under state quarantine laws, not FMLA
Correct answer: May qualify for FMLA if a healthcare provider certifies they are unable to work due to a serious health condition
A public health quarantine order may not automatically trigger FMLA; leave qualifies only if a healthcare provider certifies the employee's inability to work due to a serious health condition.
FMLA Infection Control & Prevention 2
Under the FMLA, which of the following infectious diseases would most likely qualify as a 'serious health condition' requiring inpatient care?