FMLA Laws & Regulatory Compliance 3 — Questions and Answers
Question 1: Under the FMLA's '12-month period' rules, which method locks in the same 12-month window for all employees across the organization?
- Rolling backward method
- Fixed calendar year method (Correct answer)
- Anniversary date method
- Employee-choice method
Correct answer: Fixed calendar year method
The fixed calendar year method (e.g., January 1 – December 31) applies the same 12-month period uniformly to all employees, preventing individualized calculations.
Question 2: When an employee takes FMLA leave for a condition that also qualifies under the ADA, which statement best describes the employer's obligations?
- The ADA overrides FMLA, so only ADA rules apply
- FMLA overrides ADA, so only FMLA rules apply
- Both laws may apply simultaneously and employers must comply with whichever provides greater protections (Correct answer)
- The two laws are mutually exclusive and cannot apply to the same situation
Correct answer: Both laws may apply simultaneously and employers must comply with whichever provides greater protections
FMLA and ADA can run concurrently; employers must comply with both statutes, affording the employee the greater protections each law provides.
Question 3: Which of the following is NOT a qualifying reason for FMLA leave under 29 U.S.C. § 2612?
- Caring for a spouse with a serious health condition
- Caring for a domestic partner with a serious health condition (Correct answer)
- Birth and bonding with a newborn child
- Qualifying exigency arising from a family member's military deployment
Correct answer: Caring for a domestic partner with a serious health condition
FMLA defines 'spouse' using the place of celebration rule for same-sex marriages but does not extend to unmarried domestic partners under federal law.
Question 4: Under FMLA intermittent leave rules, what is the smallest increment of leave an employer may require an employee to use?
- The shortest period of time tracked by the employer's payroll system, but no more than one hour (Correct answer)
- One full workday
- Thirty minutes regardless of payroll system
- Two hours per qualifying event
Correct answer: The shortest period of time tracked by the employer's payroll system, but no more than one hour
Employers may set a minimum increment for intermittent leave, but it cannot exceed one hour and must equal the shortest increment tracked by the payroll system.
Question 5: A healthcare provider's certification for FMLA leave must be returned by the employee within how many calendar days of the employer's request?
- 7 calendar days
- 15 calendar days (Correct answer)
- 21 calendar days
- 30 calendar days
Correct answer: 15 calendar days
Under 29 CFR § 825.305, the employee must return a completed medical certification within 15 calendar days of the employer's request, absent extenuating circumstances.
Question 6: What does the FMLA's 'honest belief' doctrine protect employers from?
- Wage and hour claims unrelated to leave
- FMLA retaliation claims when the employer genuinely believed the employee misused leave, even if later proven wrong (Correct answer)
- Workers' compensation claims arising during FMLA leave
- State-law wrongful termination claims
Correct answer: FMLA retaliation claims when the employer genuinely believed the employee misused leave, even if later proven wrong
Courts have held that an employer who had an honest and reasonable belief that an employee misused FMLA leave is protected from retaliation claims even if the belief turns out to be mistaken.
Question 7: Under the FMLA military caregiver provision, how much total leave may an eligible employee take in a single 12-month period to care for a covered servicemember?
- 12 weeks
- 16 weeks
- 24 weeks
- 26 weeks (Correct answer)
Correct answer: 26 weeks
The military caregiver provision extends FMLA leave to up to 26 weeks in a single 12-month period to care for a covered servicemember with a serious injury or illness.
FMLA Laws & Regulatory Compliance 3
Under the FMLA's '12-month period' rules, which method locks in the same 12-month window for all employees across the organization?