FMLA Leave Eligibility & Employee Rights 3 — Questions and Answers
Question 1: An employee on FMLA leave is replaced temporarily. Upon return, the employee discovers their original position was eliminated in a layoff that also affected non-FMLA employees. What are the employee's rights?
- The employee must be reinstated regardless of the layoff
- The employee has no reinstatement right if they would have been laid off regardless of taking FMLA (Correct answer)
- The employer must create a new equivalent position
- The employee is entitled to at least 6 months of continued employment upon return
Correct answer: The employee has no reinstatement right if they would have been laid off regardless of taking FMLA
Employees have no greater right to reinstatement than if they had not taken leave; if a legitimate layoff would have affected them, FMLA does not protect against it.
Question 2: A 'key employee' exception under FMLA allows an employer to deny restoration when:
- The employee earns more than $100,000 per year
- Restoring the salaried key employee would cause substantial and grievous economic injury to the employer (Correct answer)
- The employee is among the top 25% of earners at any worksite
- The key employee has taken FMLA leave more than twice in one year
Correct answer: Restoring the salaried key employee would cause substantial and grievous economic injury to the employer
An employer may deny reinstatement to a salaried key employee (top 10% of earners within 75 miles) if restoration would cause substantial and grievous economic injury.
Question 3: Under FMLA, how must an employer maintain the employee's group health benefits during leave?
- Benefits may be suspended and restored upon return
- Benefits must be maintained on the same terms as if the employee had continued to work (Correct answer)
- Benefits must be upgraded to COBRA coverage at no cost
- Benefits are optional during unpaid FMLA leave
Correct answer: Benefits must be maintained on the same terms as if the employee had continued to work
The employer must maintain the employee's group health coverage under the same terms and conditions as when the employee was actively working.
Question 4: An employee fails to provide required medical certification within 15 calendar days without a reasonable explanation. What may the employer do?
- Automatically terminate the employee
- Deny the FMLA leave designation for that absence (Correct answer)
- Extend the certification deadline indefinitely
- Accept the leave without certification
Correct answer: Deny the FMLA leave designation for that absence
If an employee fails to provide timely certification without sufficient reason, the employer may deny FMLA protection for the leave.
Question 5: A pregnant employee wants to take FMLA leave before her due date for prenatal care appointments and related incapacity. Is this permitted?
- No, FMLA leave for pregnancy can only begin at childbirth
- Yes, incapacity due to pregnancy and prenatal care qualify as serious health conditions (Correct answer)
- Yes, but only if the appointments exceed 3 hours each
- No, prenatal care is covered only by state leave laws
Correct answer: Yes, incapacity due to pregnancy and prenatal care qualify as serious health conditions
Incapacity due to pregnancy and the need to receive prenatal care both qualify as serious health conditions entitling an employee to FMLA leave.
Question 6: An employee requests FMLA leave to care for a parent with Alzheimer's. The parent lives in another state. Does the geographic distance affect FMLA eligibility?
- Yes, the parent must live within 50 miles of the employee
- No, FMLA does not require the family member to live near or with the employee (Correct answer)
- Yes, the employee must be the primary caregiver living in the same home
- No, but leave cannot exceed 5 consecutive days for out-of-state care
Correct answer: No, FMLA does not require the family member to live near or with the employee
FMLA imposes no geographic proximity requirement between the employee and the family member needing care.
Question 7: What is the maximum amount of FMLA leave available to a spouse and wife who both work for the same employer to bond with a newborn?
- 12 weeks each, for a combined 24 weeks
- 12 weeks total combined between both spouses (Correct answer)
- 6 weeks each for a combined 12 weeks
- 12 weeks each with no combined cap for bonding leave
Correct answer: 12 weeks total combined between both spouses
When spouses work for the same employer, they share a combined 12-week FMLA entitlement for birth, adoption, or foster care placement of a child.
FMLA Leave Eligibility & Employee Rights 3
An employee on FMLA leave is replaced temporarily.
Upon return, the employee discovers their original position was eliminated in a layoff that also affected non-FMLA employees.
What are the employee's rights?