FMLA Infection Control & Prevention 3 â Questions and Answers
Question 1: A hospital employee on FMLA leave for a staph infection asks to return two weeks early. The employer requires a fitness-for-duty certification clearing the employee for patient contact. This requirement is:
- Unlawful because it delays the employee's return
- Permissible if the employer has a uniformly applied policy and provided advance notice of the requirement (Correct answer)
- Only permissible for employees in direct patient care roles, not administrative staff
- Required by OSHA regardless of employer policy
Correct answer: Permissible if the employer has a uniformly applied policy and provided advance notice of the requirement
An employer may require a fitness-for-duty certification addressing the specific health condition that caused the leave if it has a uniform policy and gave the employee prior notice.
Question 2: An employee's FMLA medical certification for hepatitis C states the condition will require treatment over 18 months. The employer may request recertification:
- Every 30 days without additional reason
- No more often than every 30 days unless circumstances change or the minimum duration has lapsed (Correct answer)
- At any time with no restrictions
- Only once during the entire 18-month period
Correct answer: No more often than every 30 days unless circumstances change or the minimum duration has lapsed
FMLA regulations allow recertification no more often than every 30 days in connection with an absence, unless there is a significant change in circumstances, the duration lapses, or new information arises.
Question 3: An employer wants to contact an employee's physician directly to verify that an antibiotic-resistant infection qualifies as a serious health condition. Under FMLA, the employer may:
- Contact the provider directly without restriction
- Have a designated HR representative or healthcare provider contact the employee's provider only to authenticate or clarify the certification (Correct answer)
- Use any manager to contact the treating physician
- Deny leave until the employee arranges a direct conference call
Correct answer: Have a designated HR representative or healthcare provider contact the employee's provider only to authenticate or clarify the certification
FMLA regulations permit the employer to contact the employee's healthcare provider only through an HR professional, leave administrator, or employer's healthcare providerânever through the direct supervisor.
Question 4: During FMLA leave for a serious infection, an employee posts social media photos showing attendance at public events. The employer believes the leave is fraudulent. The appropriate first step is:
- Immediately terminate the employee for FMLA abuse
- Investigate through lawful means, including requesting recertification if warranted, before taking adverse action (Correct answer)
- Contact the treating physician directly to report suspected fraud
- Require the employee to return immediately or lose their job
Correct answer: Investigate through lawful means, including requesting recertification if warranted, before taking adverse action
Suspected FMLA fraud should be investigated lawfullyâincluding requesting recertificationâbefore any adverse action, to avoid FMLA retaliation liability.
Question 5: When an employee's FMLA leave for a contagious respiratory infection ends but the employee is still symptomatic, the employer's infection control policy bars them from returning. The employer should:
- Terminate the employee for failing to report
- Explore whether additional FMLA leave, ADA accommodation, or other applicable leave applies before taking adverse action (Correct answer)
- Count the additional absence as unexcused immediately
- Require the employee to waive FMLA rights in writing
Correct answer: Explore whether additional FMLA leave, ADA accommodation, or other applicable leave applies before taking adverse action
When FMLA leave is exhausted, employers must consider whether ADA reasonable accommodation or other leave entitlements apply before imposing adverse consequences.
Question 6: A food service employee returns from FMLA leave after treatment for a gastrointestinal infection. The local health department requires a stool culture clearance before the employee handles food. The employer should:
- Allow the employee to return to any duty immediately regardless of health department orders
- Comply with the health department clearance requirement and explore whether temporary alternative duties exist in the interim (Correct answer)
- Deny any return until a full medical exam is completed by an employer-selected physician
- Treat the additional absence as FMLA leave automatically
Correct answer: Comply with the health department clearance requirement and explore whether temporary alternative duties exist in the interim
Employers must comply with applicable public health authority clearance requirements and should consider whether interim alternative assignments are available while clearance is pending.
Question 7: An employee returning from FMLA leave for a wound infection requests a job with reduced exposure to the environment that caused the initial infection as a condition of return. The employer's obligation is:
- No obligation exists because FMLA only guarantees reinstatement to the same or equivalent position
- Consider whether the ADA requires reasonable accommodation independently of FMLA reinstatement rights (Correct answer)
- Deny the request because it was not part of the FMLA certification
- Require a second opinion before considering any accommodation
Correct answer: Consider whether the ADA requires reasonable accommodation independently of FMLA reinstatement rights
While FMLA provides reinstatement rights, a separate ADA interactive process should be conducted if the infection-related condition qualifies as a disability requiring reasonable accommodation.
FMLA Infection Control & Prevention 3
A hospital employee on FMLA leave for a staph infection asks to return two weeks early.
The employer requires a fitness-for-duty certification clearing the employee for patient contact.
This requirement is: