FMLA Treatment Planning & Protocols 3 — Questions and Answers
Question 1: Under FMLA, which type of provider is NOT generally authorized to certify a treatment protocol for a serious health condition?
- Licensed clinical psychologist
- Dentist treating a serious dental condition
- Nurse practitioner acting within their scope of practice
- Nutritionist providing dietary counseling without physician oversight (Correct answer)
Correct answer: Nutritionist providing dietary counseling without physician oversight
Nutritionists are not among the health care providers authorized to certify FMLA leave; the list includes doctors, NPs, PAs, dentists, psychologists, and certain others.
Question 2: An employee's treatment plan requires them to avoid all work activity during treatment weeks. The employer has a light-duty program available. What must the employer do?
- Require the employee to accept the light-duty assignment or lose FMLA protection
- Offer light duty but cannot require the employee to accept it in lieu of FMLA leave (Correct answer)
- Deny FMLA because the employee is physically capable of light-duty work
- Convert the FMLA leave to workers' compensation immediately
Correct answer: Offer light duty but cannot require the employee to accept it in lieu of FMLA leave
Employers may offer but cannot require employees to accept light-duty work instead of taking FMLA leave; acceptance of light duty is voluntary.
Question 3: How far in advance must an employee provide notice when FMLA leave is needed for foreseeable medical treatment?
- At least 30 days, or as soon as practicable if 30 days is not possible (Correct answer)
- Exactly 14 calendar days before each treatment
- 72 hours before each absence related to treatment
- No advance notice is required for any medical treatment
Correct answer: At least 30 days, or as soon as practicable if 30 days is not possible
For foreseeable FMLA leave, employees must provide at least 30 days advance notice, or as soon as practicable when 30 days is not possible.
Question 4: An employee's mental health provider certifies a treatment plan including medication management visits. The employer's insurance denies coverage for some visits. How does this affect FMLA eligibility?
- Denied insurance coverage eliminates FMLA protection for those visits
- FMLA eligibility is independent of insurance coverage decisions (Correct answer)
- The employer may reduce approved leave to match what insurance covers
- The employee must pay out-of-pocket or lose FMLA protection
Correct answer: FMLA eligibility is independent of insurance coverage decisions
FMLA entitlement is determined by law and is entirely independent of whether the employer's health insurance covers the specific treatment.
Question 5: An employee undergoing dialysis three times per week is on approved intermittent FMLA leave. After six months, the employer wants to recertify. What is the minimum interval before recertification can be required for a permanent condition?
- Every 30 days
- Every six months unless circumstances change
- Every 90 days (Correct answer)
- Annually on the anniversary of the original certification
Correct answer: Every 90 days
For long-term or permanent conditions, employers may not request recertification more often than every 30 days in connection with an absence, and generally no more frequently than every six months.
Question 6: Which scenario illustrates a qualifying 'course of continuing treatment' for a condition lasting fewer than three consecutive days?
- An employee takes two aspirin for a headache and rests at home
- An employee sees a doctor once for a sprained ankle with no follow-up
- An employee is prescribed a two-week antibiotic course for an infection rendering them incapacitated for two days (Correct answer)
- An employee works from home while mildly ill without seeing a provider
Correct answer: An employee is prescribed a two-week antibiotic course for an infection rendering them incapacitated for two days
A course of continuing treatment qualifies when the condition causes incapacity plus ongoing treatment, even if incapacity lasts fewer than three consecutive days.
Question 7: An employer suspects an employee is misrepresenting their treatment schedule to extend FMLA leave. What is the lawful way to investigate?
- Hire a private investigator to surveil the employee during their leave
- Request recertification if the minimum interval has passed and the employer has reason to question the certification (Correct answer)
- Call the employee's healthcare provider directly to discuss the treatment plan
- Conduct an unannounced home visit to verify the employee is receiving treatment
Correct answer: Request recertification if the minimum interval has passed and the employer has reason to question the certification
Employers may request recertification when they have reason to doubt the validity of the certification, provided the required interval has elapsed.
FMLA Treatment Planning & Protocols 3
Under FMLA, which type of provider is NOT generally authorized to certify a treatment protocol for a serious health condition?