FMLA Infection Control & Prevention 3

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:

Accepted Answer

Permissible if the employer has a uniformly applied policy and provided advance notice of the requirement

Answer

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:

Accepted Answer

No more often than every 30 days unless circumstances change or the minimum duration has lapsed

Answer

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:

Accepted Answer

Have a designated HR representative or healthcare provider contact the employee's provider only to authenticate or clarify the certification

Answer

FMLA regulations permit the employer to contact the employee's healthcare provider only through an HR professional, leave administrator, or employer's healthcare provider—never 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:

Accepted Answer

Investigate through lawful means, including requesting recertification if warranted, before taking adverse action

Answer

Suspected FMLA fraud should be investigated lawfully—including requesting recertification—before 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:

Accepted Answer

Explore whether additional FMLA leave, ADA accommodation, or other applicable leave applies before taking adverse action

Answer

When FMLA leave is exhausted, employers must consider whether ADA reasonable accommodation or other leave entitlements apply before imposing adverse consequences.

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

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

FMLA Infection Control & Prevention 3