FMLA Laws & Regulatory Compliance 2 — Questions and Answers
Question 1: Under FMLA regulations, what is the minimum number of months an employee must have worked for a covered employer before becoming eligible for leave?
- 6 months
- 12 months (Correct answer)
- 18 months
- 24 months
Correct answer: 12 months
An employee must have worked for the covered employer for at least 12 months (not necessarily consecutive) to be eligible for FMLA leave.
Question 2: Which federal agency is primarily responsible for enforcing the FMLA?
- Equal Employment Opportunity Commission (EEOC)
- National Labor Relations Board (NLRB)
- Wage and Hour Division (WHD) of the Department of Labor (Correct answer)
- Office of Federal Contract Compliance Programs (OFCCP)
Correct answer: Wage and Hour Division (WHD) of the Department of Labor
The Wage and Hour Division (WHD) within the U.S. Department of Labor is the primary federal agency responsible for administering and enforcing the FMLA.
Question 3: Which of the following correctly describes a 'covered employer' under the FMLA for private-sector entities?
- Any private employer with at least 25 employees
- Any private employer with at least 50 employees within 75 miles for 20 or more workweeks (Correct answer)
- Any private employer with at least 50 employees nationwide
- Any private employer with federal contracts over $10,000
Correct answer: Any private employer with at least 50 employees within 75 miles for 20 or more workweeks
A private-sector covered employer is one who employs 50 or more employees for at least 20 workweeks in the current or preceding calendar year, within 75 miles of the worksite.
Question 4: How does the FMLA define a 'serious health condition' in the context of inpatient care?
- Any condition requiring a physician's note
- An overnight stay in a hospital, hospice, or residential medical care facility (Correct answer)
- A condition causing more than 3 days of incapacity
- Any condition requiring prescription medication
Correct answer: An overnight stay in a hospital, hospice, or residential medical care facility
Under FMLA regulations, a serious health condition involving inpatient care means an overnight stay in a hospital, hospice, or residential medical care facility.
Question 5: An employer's FMLA poster must be displayed in a conspicuous location. What additional obligation exists if a significant portion of employees are not literate in English?
- The employer must provide individual written notice to each non-English-speaking employee
- The employer must post the notice in any language spoken by at least 10% of the workforce (Correct answer)
- The employer is exempt from posting requirements for those employees
- The employer must hire a translator during open enrollment periods
Correct answer: The employer must post the notice in any language spoken by at least 10% of the workforce
If a significant portion of employees are not literate in English, the employer must provide the general notice in a language in which the employees are literate, with 10% being the regulatory benchmark.
Question 6: Under 29 CFR Part 825, when may an employer require an employee to substitute accrued paid leave for unpaid FMLA leave?
- Only when the employee requests it
- Whenever the employer's established policy would allow paid leave for the situation (Correct answer)
- Only for the first two weeks of FMLA leave
- Never — paid and unpaid leave must remain separate under federal law
Correct answer: Whenever the employer's established policy would allow paid leave for the situation
An employer may require substitution of accrued paid leave when the reason for FMLA leave would otherwise qualify for paid leave under the employer's established policy.
Question 7: The FMLA's 'key employee' exception allows an employer to deny job restoration to which category of employee?
- Any employee earning above the national median wage
- A salaried employee who is among the highest-paid 10% of all employees within 75 miles of the worksite (Correct answer)
- An employee in a supervisory or management role
- Any employee who has taken FMLA leave more than once in 12 months
Correct answer: A salaried employee who is among the highest-paid 10% of all employees within 75 miles of the worksite
A 'key employee' under FMLA is a salaried employee who is among the highest-paid 10% within 75 miles of the worksite, and restoration may be denied to prevent substantial and grievous economic injury.
FMLA Laws & Regulatory Compliance 2
Under FMLA regulations, what is the minimum number of months an employee must have worked for a covered employer before becoming eligible for leave?