FMLA Patient Assessment & Evaluation 2 — Questions and Answers
Question 1: Under FMLA, which healthcare provider is generally NOT qualified to certify a serious health condition?
- Licensed clinical social worker (Correct answer)
- Podiatrist
- Dentist treating oral cancer
- Nurse practitioner acting within state scope
Correct answer: Licensed clinical social worker
Licensed clinical social workers are not listed among FMLA-qualified healthcare providers under 29 CFR 825.125, though they may support treatment.
Question 2: An employee submits a medical certification stating they need leave for 'stress.' What is the employer's best next step?
- Deny the leave immediately since stress is not a serious health condition
- Request clarification on whether the condition meets the serious health condition definition (Correct answer)
- Approve the leave unconditionally
- Terminate the employee for submitting vague documentation
Correct answer: Request clarification on whether the condition meets the serious health condition definition
Employers may request clarification if certification is incomplete or unclear, allowing the healthcare provider to elaborate on whether a serious health condition exists.
Question 3: A certification states the employee requires leave 'as needed.' What is the employer's obligation regarding this intermittent leave request?
- Deny it because the duration is unspecified
- Approve it only if the employee provides weekly updates
- Accept it if the frequency and duration estimates are included elsewhere in the form (Correct answer)
- Require a new certification with exact dates
Correct answer: Accept it if the frequency and duration estimates are included elsewhere in the form
FMLA regulations allow intermittent leave when the certification includes estimated frequency and duration of episodes, even if specific dates are unknown.
Question 4: Which condition most clearly qualifies as a 'serious health condition' requiring inpatient care under FMLA?
- A 24-hour urgent care visit for a sprained ankle
- A two-day hospital admission for pneumonia (Correct answer)
- A same-day outpatient procedure with no follow-up
- A routine annual physical resulting in a minor prescription
Correct answer: A two-day hospital admission for pneumonia
Inpatient care involving at least one overnight stay in a hospital qualifies as a serious health condition under FMLA's inpatient care prong.
Question 5: How soon must an employee provide medical certification after an employer's request?
- 7 calendar days
- 15 calendar days (Correct answer)
- 30 calendar days
- 45 calendar days
Correct answer: 15 calendar days
Employees generally have 15 calendar days to provide medical certification, or longer if not practicable despite diligent good-faith efforts.
Question 6: An employee's physician certifies a mental health condition requiring biweekly therapy. The employer suspects the condition is exaggerated. What can the employer do?
- Hire a private investigator to surveil the employee
- Request a second opinion from a healthcare provider selected by the employer (Correct answer)
- Deny the leave without seeking additional information
- Contact the employee's physician directly for more details
Correct answer: Request a second opinion from a healthcare provider selected by the employer
Employers may require a second opinion at their own expense from a healthcare provider they select, but may not contact the employee's provider directly without consent.
Question 7: Under FMLA, 'continuing treatment' by a healthcare provider requires which of the following?
- At least one visit per week for the entire leave period
- Two or more visits within 30 days of incapacity, with the first within 7 days (Correct answer)
- Monthly check-ins with the treating provider
- A formal treatment plan filed with the Department of Labor
Correct answer: Two or more visits within 30 days of incapacity, with the first within 7 days
The continuing treatment prong requires incapacity of more than three days plus two or more treatment visits, with the first visit within seven days.
FMLA Patient Assessment & Evaluation 2
Under FMLA, which healthcare provider is generally NOT qualified to certify a serious health condition?