FMLA Patient Safety & Risk Management 2 — Questions and Answers
Question 1: An employee on intermittent FMLA leave for migraines takes unscheduled absences every Monday for six weeks. What is the employer's most appropriate risk management response?
- Terminate the employee for excessive absenteeism
- Request recertification from the healthcare provider citing the pattern of absences (Correct answer)
- Deny further intermittent leave and require block leave instead
- Report the pattern to the employee's physician directly
Correct answer: Request recertification from the healthcare provider citing the pattern of absences
Employers may request recertification when a pattern of absences that appears inconsistent with the condition arises, per 29 CFR 825.308.
Question 2: Which entity is legally prohibited from contacting an employee's healthcare provider to authenticate or clarify an FMLA medical certification?
- The employer's designated HR representative
- A licensed healthcare provider acting on the employer's behalf
- The employee's direct supervisor (Correct answer)
- The employer's legal counsel
Correct answer: The employee's direct supervisor
Under 29 CFR 825.307, the employee's direct supervisor is explicitly prohibited from contacting the healthcare provider to avoid HIPAA violations and coercion risk.
Question 3: An employer suspects an employee's FMLA certification for a back condition is fraudulent because the employee was seen coaching a soccer game. What is the safest risk management step?
- Immediately terminate the employee for dishonesty
- Require a fitness-for-duty exam before allowing any further leave
- Request a second medical opinion at the employer's expense (Correct answer)
- Place the employee on unpaid suspension pending investigation
Correct answer: Request a second medical opinion at the employer's expense
Requesting a second opinion at employer expense is the proper FMLA channel to challenge potentially fraudulent certifications without exposing the employer to retaliation claims.
Question 4: Under FMLA, what is the maximum timeframe a healthcare provider has to complete a medical certification after the employer provides the forms to the employee?
- 7 calendar days
- 10 business days
- 15 calendar days (Correct answer)
- 30 calendar days
Correct answer: 15 calendar days
The employee has 15 calendar days to return a completed certification; if more time is needed, the employee must explain the delay.
Question 5: A patient safety officer at a hospital wants to reduce FMLA leave abuse among nursing staff. Which of the following strategies is legally permissible?
- Requiring nurses to call in three hours before each intermittent absence instead of the usual one hour
- Tracking FMLA absences for patterns inconsistent with the certified condition (Correct answer)
- Denying FMLA to nurses in critical care units due to patient safety needs
- Requiring a physician note for every single intermittent absence day
Correct answer: Tracking FMLA absences for patterns inconsistent with the certified condition
Monitoring patterns inconsistent with the certified condition is a lawful leave-integrity tool and the basis for requesting recertification.
Question 6: An employee returns from FMLA leave but cannot perform one essential function due to a residual restriction. Under FMLA, what is the employer's obligation?
- Restore the employee to the same or equivalent position regardless of the restriction (Correct answer)
- Terminate the employee since they cannot perform all essential functions
- Require the employee to take additional unpaid leave until fully recovered
- Offer only light-duty work until full recovery
Correct answer: Restore the employee to the same or equivalent position regardless of the restriction
FMLA guarantees job restoration to the same or equivalent position; however, the ADA may separately require reasonable accommodation if a disability is involved.
Question 7: Which document must employers provide to employees when they request FMLA, informing them of their rights, responsibilities, and the leave's effect on benefits?
- Notice of Eligibility and Rights & Responsibilities (Form WH-381) (Correct answer)
- Designation Notice (Form WH-382)
- Medical Certification for Employee's Serious Health Condition (Form WH-380-E)
- Employer Response to Employee Request (Form WH-384)
Correct answer: Notice of Eligibility and Rights & Responsibilities (Form WH-381)
Form WH-381 is the Notice of Eligibility and Rights & Responsibilities that must be provided within five business days of the leave request.
FMLA Patient Safety & Risk Management 2
An employee on intermittent FMLA leave for migraines takes unscheduled absences every Monday for six weeks.
What is the employer's most appropriate risk management response?