FMLA Leave Eligibility & Employee Rights 2 — Questions and Answers
Question 1: An employee was hired on January 1 and works 32 hours per week. On December 1 of the same year, she requests FMLA leave. Is she eligible?
- Yes, because she has worked over 1,000 hours
- No, because she has not yet completed 12 months of employment (Correct answer)
- Yes, because she works more than 30 hours per week
- No, because part-time employees are never FMLA-eligible
Correct answer: No, because she has not yet completed 12 months of employment
FMLA requires 12 months of employment with the employer before leave can be taken; 11 months does not satisfy this requirement.
Question 2: Which of the following situations does NOT qualify as a serious health condition under FMLA?
- A three-day illness requiring a follow-up doctor visit
- A chronic condition requiring periodic treatment
- A common cold with no complications requiring only one doctor visit (Correct answer)
- Inpatient hospitalization for surgery
Correct answer: A common cold with no complications requiring only one doctor visit
A common cold requiring only one doctor visit typically does not meet the FMLA definition of a serious health condition, which requires either inpatient care or continuing treatment.
Question 3: An employee's adult sibling has a serious health condition. Under FMLA, can the employee take leave to care for this sibling?
- Yes, siblings are covered family members
- No, adult siblings are not covered family members under FMLA (Correct answer)
- Yes, but only if the sibling lives in the same household
- Yes, if the sibling is over age 18 and has a disability
Correct answer: No, adult siblings are not covered family members under FMLA
Federal FMLA only covers care for a spouse, child, or parent; siblings (adult or minor) are not covered family members.
Question 4: Under FMLA, how is 'in loco parentis' relevant to employee rights?
- It allows stepparents to take leave only if they adopted the child
- It extends parental leave rights to individuals who have day-to-day responsibility for a child regardless of legal relationship (Correct answer)
- It limits parental leave to biological parents only
- It requires financial dependency to establish a parental relationship
Correct answer: It extends parental leave rights to individuals who have day-to-day responsibility for a child regardless of legal relationship
In loco parentis means the employee has assumed parental responsibility for a child, qualifying them for FMLA leave even without a biological or legal relationship.
Question 5: An employee requests 2 weeks of FMLA leave for knee surgery. The employer believes the condition is not serious enough. What should the employer do?
- Deny the leave immediately based on their assessment
- Request a second or third medical opinion at the employer's expense (Correct answer)
- Allow the leave without any verification
- Require the employee to use vacation time instead
Correct answer: Request a second or third medical opinion at the employer's expense
An employer may require a second opinion at the employer's expense, and if opinions conflict, may require a binding third opinion also at the employer's expense.
Question 6: A retail company has 48 employees at its headquarters and 2 employees at a satellite location 30 miles away. Are the satellite employees eligible for FMLA?
- Yes, because the company has at least 50 employees total
- No, because their worksite has fewer than 50 employees and no 50+ worksite within 75 miles (Correct answer)
- Yes, if they have worked there for 12 months
- No, because satellite locations are excluded from FMLA coverage
Correct answer: No, because their worksite has fewer than 50 employees and no 50+ worksite within 75 miles
Employees must work at a site where the employer has 50+ employees within 75 miles; a 2-person satellite location 30 miles from a 48-person HQ does not meet this threshold.
Question 7: Which scenario correctly describes intermittent FMLA leave?
- An employee takes 12 consecutive weeks off for cancer treatment
- An employee takes leave in separate blocks or reduces daily hours due to a chronic migraine condition (Correct answer)
- An employee takes leave every other week for personal reasons
- An employee splits FMLA into two 6-week periods over 2 years
Correct answer: An employee takes leave in separate blocks or reduces daily hours due to a chronic migraine condition
Intermittent leave is FMLA leave taken in separate blocks of time or by reducing the normal weekly or daily work schedule due to a qualifying reason.
FMLA Leave Eligibility & Employee Rights 2
An employee was hired on January 1 and works 32 hours per week.
On December 1 of the same year, she requests FMLA leave.
Is she eligible?