FMLA Patient Safety & Risk Management 2

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?

Accepted Answer

Request recertification from the healthcare provider citing the pattern of absences

Answer

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?

Accepted Answer

The employee's direct supervisor

Answer

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?

Accepted Answer

Request a second medical opinion at the employer's expense

Answer

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?

Accepted Answer

15 calendar days

Answer

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?

Accepted Answer

Tracking FMLA absences for patterns inconsistent with the certified condition

Answer

Monitoring patterns inconsistent with the certified condition is a lawful leave-integrity tool and the basis for requesting recertification.

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

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

FMLA Patient Safety & Risk Management 2