FMLA Leave Eligibility & Employee Rights 5

Question 1

An employee calls in sick without mentioning FMLA. Under what obligation is the employer?

Accepted Answer

The employer must inquire about the nature of the absence if FMLA may be applicable and notify the employee of eligibility

Answer

Employers have a responsibility to inquire further and notify employees of potential FMLA rights when the reason for absence may qualify, even if the employee does not use the words 'FMLA.'

Question 2

What is the deadline for an employer to notify an employee that their leave has been designated as FMLA-qualifying?

Accepted Answer

Within 5 business days after learning the leave qualifies

Answer

Once the employer has sufficient information to determine FMLA applicability, it must provide the designation notice within 5 business days.

Question 3

An employee with a serious health condition works a reduced schedule of 20 hours per week instead of 40. How is FMLA leave calculated in this situation?

Accepted Answer

The 20 reduced hours per week count toward the 12-week entitlement proportionally based on hours not worked

Answer

For reduced schedule leave, FMLA entitlement is calculated based on the hours not worked compared to the normal schedule, counting against the 12-week (480-hour) bank.

Question 4

A 17-year-old employee who works part-time after school requests FMLA leave. The employer has 75 employees at the worksite. Is the employee eligible?

Accepted Answer

Only if they have worked 1,250 hours in the past 12 months and meet the tenure requirement

Answer

FMLA has no minimum age requirement; any employee meeting the 12-month tenure and 1,250-hour thresholds at a covered employer may qualify.

Question 5

An employee's FMLA leave expires and they cannot return due to a continuing serious health condition. What is the employer's obligation under FMLA?

Accepted Answer

FMLA obligations end, though other laws like the ADA may require reasonable accommodation

Answer

Once FMLA leave is exhausted, the employer has no further FMLA restoration obligation, but must still evaluate accommodation duties under the ADA or state law.

(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 5