FMLA Patient Safety & Risk Management 3

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?

Accepted Answer

FMLA interference claim and potential OSHA liability

Answer

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?

Accepted Answer

Hospital, hospice, or residential medical care facility

Answer

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?

Accepted Answer

No, because FMLA protects all absences related to a certified condition regardless of cause

Answer

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?

Accepted Answer

Late designation can expose the employer to interference claims if the employee suffers adverse action

Answer

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?

Accepted Answer

Type 2 diabetes requiring ongoing prescription medication and periodic physician visits

Answer

A chronic condition like Type 2 diabetes that requires periodic treatment and has episodic incapacity qualifies under FMLA's continuing treatment standard.

(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 3