FMLA Leave Eligibility & Employee Rights 2

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?

Accepted Answer

No, because she has not yet completed 12 months of employment

Answer

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?

Accepted Answer

A common cold with no complications requiring only one doctor visit

Answer

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?

Accepted Answer

No, adult siblings are not covered family members under FMLA

Answer

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?

Accepted Answer

It extends parental leave rights to individuals who have day-to-day responsibility for a child regardless of legal relationship

Answer

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?

Accepted Answer

Request a second or third medical opinion at the employer's expense

Answer

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.

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

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

FMLA Leave Eligibility & Employee Rights 2