FMLA Treatment Planning & Protocols 2 — Questions and Answers
Question 1: An employee undergoing chemotherapy requests intermittent FMLA leave for treatments every three weeks plus recovery days. How should the employer handle scheduling of these absences?
- Require the employee to use PTO before FMLA applies
- Approve intermittent leave and track each absence against the 12-week entitlement (Correct answer)
- Deny intermittent leave because the treatments follow a predictable schedule
- Require the employee to take block leave for the entire treatment period
Correct answer: Approve intermittent leave and track each absence against the 12-week entitlement
Intermittent FMLA leave for planned medical treatments like chemotherapy must be approved, with each absence counted against the 12-week entitlement.
Question 2: A healthcare provider's treatment plan calls for physical therapy twice weekly for six months. What is the maximum FMLA leave an employee may use for this treatment in a single 12-month period?
- Six months of continuous leave
- 12 workweeks regardless of the treatment duration (Correct answer)
- Only the time spent at physical therapy appointments
- 26 workweeks because it involves ongoing rehabilitation
Correct answer: 12 workweeks regardless of the treatment duration
FMLA entitles eligible employees to a maximum of 12 workweeks of leave per year, regardless of how long the treatment plan runs.
Question 3: An employee's physician certifies a treatment protocol but does not specify the frequency of absences. What should the employer do?
- Deny the FMLA request due to insufficient information
- Contact the healthcare provider directly to authenticate the certification
- Ask the employee to obtain a clarification of the treatment frequency from the provider (Correct answer)
- Approve open-ended intermittent leave with no limitations
Correct answer: Ask the employee to obtain a clarification of the treatment frequency from the provider
When certification lacks required information such as frequency, the employer must give the employee seven calendar days to cure the deficiency by obtaining clarification from their provider.
Question 4: Which of the following best describes a 'regiment of continuing treatment' under FMLA regulations?
- Any prescription medication taken daily
- Treatment requiring multiple in-patient hospitalizations
- A course of prescription medication or therapy ordered by a provider that, if not followed, would result in incapacity (Correct answer)
- Any treatment lasting more than three consecutive days
Correct answer: A course of prescription medication or therapy ordered by a provider that, if not followed, would result in incapacity
A regimen of continuing treatment under FMLA is a course of treatment ordered by a provider that, if not followed, would likely result in incapacity of more than three consecutive days.
Question 5: An employee is on FMLA leave for surgery and their employer learns of a second opinion that contradicts the original treatment plan. What is the employer's appropriate next step?
- Immediately terminate the FMLA leave pending resolution
- Request a third opinion from a mutually agreed-upon provider at the employer's expense (Correct answer)
- Accept the original certification and take no further action
- Require the employee to undergo the treatment recommended by the second opinion
Correct answer: Request a third opinion from a mutually agreed-upon provider at the employer's expense
When first and second medical opinions conflict, FMLA regulations allow the employer to require a binding third opinion from a mutually agreed-upon provider paid for by the employer.
Question 6: An employee requests FMLA for a mental health treatment plan involving weekly therapy sessions. The condition does not render the employee incapacitated for more than three consecutive days between sessions. Does this qualify for FMLA?
- No, because the employee is not incapacitated for three consecutive days
- Yes, if the therapy constitutes treatment by a healthcare provider for a chronic serious health condition (Correct answer)
- No, mental health conditions are excluded from FMLA coverage
- Yes, any ongoing therapy automatically qualifies for FMLA
Correct answer: Yes, if the therapy constitutes treatment by a healthcare provider for a chronic serious health condition
Chronic serious health conditions requiring periodic treatment by a healthcare provider qualify for FMLA even without three consecutive days of incapacity.
Question 7: When an employee's treatment plan changes significantly mid-leave, what documentation may the employer request?
- A completely new FMLA certification from the beginning
- Recertification to reflect the changed circumstances in the treatment plan (Correct answer)
- No new documentation; the original certification remains binding for the year
- A second opinion from an employer-designated provider
Correct answer: Recertification to reflect the changed circumstances in the treatment plan
Employers may request recertification when the employee's treatment plan changes significantly, as this represents changed circumstances justifying updated documentation.
FMLA Treatment Planning & Protocols 2
An employee undergoing chemotherapy requests intermittent FMLA leave for treatments every three weeks plus recovery days.
How should the employer handle scheduling of these absences?