FMLA Patient Safety & Risk Management 3 — Questions and Answers
Question 1: A risk manager discovers that a supervisor denied FMLA leave to an employee who then suffered a serious adverse health event at work. What is the primary legal exposure for the employer?
- Workers' compensation liability only
- FMLA interference claim and potential OSHA liability (Correct answer)
- ADA failure-to-accommodate claim only
- ERISA benefits denial liability
Correct answer: FMLA interference claim and potential OSHA liability
Wrongful denial of FMLA leave constitutes interference under 29 CFR 825.220, and a workplace health event could trigger concurrent OSHA recordkeeping obligations.
Question 2: Under FMLA, a 'serious health condition' requiring inpatient care must involve an overnight stay in which types of facilities?
- Hospital, hospice, or residential medical care facility (Correct answer)
- Hospital or outpatient surgery center
- Hospital, clinic, or urgent care center
- Any licensed healthcare facility including chiropractors' offices
Correct answer: Hospital, hospice, or residential medical care facility
FMLA defines inpatient care as an overnight stay in a hospital, hospice, or residential medical care facility, per 29 CFR 825.114.
Question 3: An employee with a chronic FMLA condition fails to follow the prescribed treatment plan, leading to repeated hospitalizations and extended absences. Can the employer take disciplinary action?
- Yes, because the employee's non-compliance voids FMLA protection
- No, because FMLA protects all absences related to a certified condition regardless of cause (Correct answer)
- Yes, but only after the leave exceeds 12 weeks in the year
- No, but the employer can deny future certifications for the same condition
Correct answer: No, because FMLA protects all absences related to a certified condition regardless of cause
FMLA does not require employees to comply with treatment plans; the absences are still protected as long as the underlying serious health condition is certified.
Question 4: From a risk management perspective, why is it critical for employers to provide the FMLA Designation Notice (WH-382) within five business days of having enough information to make a determination?
- Failure to designate converts the leave to paid sick leave by law
- Late designation can expose the employer to interference claims if the employee suffers adverse action (Correct answer)
- The employee can sue for the full 12 weeks of pay if the notice is late
- Late designation automatically extends the employee's FMLA entitlement by 30 days
Correct answer: Late designation can expose the employer to interference claims if the employee suffers adverse action
Failure to timely designate leaves the employee without notice of protected status, creating interference liability if adverse action follows.
Question 5: Which of the following conditions typically qualifies as a 'serious health condition' under FMLA's continuing treatment definition?
- A common cold requiring two days off work
- Seasonal allergies treated with over-the-counter antihistamines
- Type 2 diabetes requiring ongoing prescription medication and periodic physician visits (Correct answer)
- A sprained ankle with a single urgent care visit
Correct answer: Type 2 diabetes requiring ongoing prescription medication and periodic physician visits
A chronic condition like Type 2 diabetes that requires periodic treatment and has episodic incapacity qualifies under FMLA's continuing treatment standard.
Question 6: When coordinating FMLA with workers' compensation leave, which statement is accurate from a risk management standpoint?
- Workers' compensation leave cannot run concurrently with FMLA under any circumstances
- Employers may designate workers' compensation leave as FMLA leave when the injury meets the serious health condition definition (Correct answer)
- Employees must choose between workers' compensation benefits and FMLA job protection
- Workers' compensation supersedes FMLA, so FMLA rules do not apply to workplace injuries
Correct answer: Employers may designate workers' compensation leave as FMLA leave when the injury meets the serious health condition definition
Employers may and should run workers' compensation leave concurrently with FMLA when the qualifying reason is present, preserving both benefit streams and capping total protected leave.
Question 7: An employee requests FMLA leave to care for a parent with Alzheimer's disease. The parent lives abroad. Is the leave protected?
- No, FMLA care leave applies only to family members residing in the United States
- Yes, FMLA covers care for parents regardless of where the parent resides (Correct answer)
- No, only in-home care within the employee's state qualifies
- Yes, but only if the employee travels to the parent's country for more than 30 days
Correct answer: Yes, FMLA covers care for parents regardless of where the parent resides
FMLA does not restrict the geographic location of the family member; it covers care for a parent with a serious health condition regardless of residence.
FMLA Patient Safety & Risk Management 3
A risk manager discovers that a supervisor denied FMLA leave to an employee who then suffered a serious adverse health event at work.
What is the primary legal exposure for the employer?