Test Your FMLA Knowledge
Published August 2010
Please choose the best answer. The correct answers are listed at the bottom of this quiz.
1 ) True or False: An employee can take FMLA leave for a common cold or flu.
A) False, under the new definitions it is unlikely that the conditions of a cold, flu, etc. apply as a serious medical condition.
B) True, common colds and the flu are considered a serious health condition under the FMLA.
2 ) How many hours and/or months must an employee work to be eligible for FMLA leave?
A) Employees must have worked at least 625 hours over the course of the last 6 months to be eligible for FMLA leave.
B) Employees must have worked at least 1,250 hours over the course of the last 12 months to be eligible for FMLA leave.
C) Employees must have been employed for at least 6 months in the last 7 years by their employer to be eligible for FMLA leave.
3 ) How much leave is an eligible employee entitled to under FMLA?
A) The employee is entitled to 12 weeks of leave during a 12-month period. The maximum combined leave time is 26 weeks if care is for a wounded military veteran.
B) The employee is entitled to 16 weeks of leave during a 12-month period regardless of who the care is for.
C) The employee is entitled to 16 weeks of leave during a 12-month period. The maximum combined leave time is 32 weeks if care is for a wounded military veteran.
D) The employee is entitled to 26 weeks of leave during a 12-month period.
4 ) Do the 12 months of service with the employer have to be continuous or consecutive?
A) Yes, the 12 months of service have to be both continuous and consecutive.
B) No, the 12 months of service must only be consecutive.
C) No, the 12 months of service must only be continuous.
D) No, all time worked during the past 7 years is counted. The work time does not have to be continuous.
5 ) Do the 1,250 hours include paid leave time or other absences from work?
A) No, only paid leave time is included when computing the 1,250 hours minimum.
B) No, the 1,250 hours include only those hours actually worked during the most recent past 12 months for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.
C) Yes, paid leave and unpaid leave including FMLA leave time are included when computing the 1,250 hour minimum.
D) Yes, paid leave and unpaid leave, excluding FMLA leave time are included when computing the 1,250 hour minimum.
6 ) How many employees must a company have for the FMLA to apply to them?
A) 20 or more employees.
B) 50 or more employees.
C) 75 or more employees.
D) 100 or more employees.
7 ) Does it make a difference if the employee is full time or part time?
A) No, all persons on your payroll disregarding their FLSA status are covered under the FMLA and all of its provisions.
B) Yes, employees must be full time to be covered under the FMLA and all of its provisions.
8 ) True or False: When requesting FMLA for a serious health condition for him/herself, it is required that an employee sees a health care provider.
A) False, it is not necessary for the employee to visit a doctor to complete the medical certification and request leave for a serious health condition.
B) True, for most cases, the employee must see a HCP, Physician Assistant (PA) or other recognized provider during the first 7 days of the potentially qualifying event and again within 30 days (2 visits – may be HCP required or waived) or during the first 7 days of the occurrence and be under the HCP’s care requiring at least 2 visits per year.
9 ) Is the 12 week FMLA leave considered to be 12 weeks x 40 hours per week = 480 hours? So if an employee is working 50 hours work weeks, is the FMLA period 9.5 weeks?
A) No, you must calculate actual work replacement. This means that an employee who works 50 hours per week will have up to 600 hours of intermittent leave available. If the employee works 32 hours per week, then the calculation is 32 hours per week x 12 weeks = 384 hours.
B) Yes, the employee is allowed 480 hours of FMLA leave only.
10 ) What if you provide someone an FMLA leave but they do not have one full year of service yet?
A) You must accept the error and allow the claim to continue. You should then re-establish your FMLA program by informing the employees as of this date the following provisions of the FMLA and company policy will be enforced without exception or consideration of previous action.
B) You may cancel any employee’s FMLA leave at any time if you discover you made a mistake and the employee was not eligible for FMLA leave.
FREE WEBINAR: FMLA Update: Information Employers Need to Know Regarding FMLA & the ADAAA
Date: Thursday, September 16
Time: 2:00 PM – 3:00 PM EDT
1:00 PM – 2:00 PM CDT
11:00 AM – 12:00 PM Arizona
Click Here to Register
FMLA Update Summary ~ Information employers should know regarding FMLA & the ADAAA and the recent DOL Advisory on Non-parent FMLA Leave.
The Department of Labor issued a statement advising employers that non-parents; individuals who do not have legal custody or guardianship of dependent children, may qualify for parental Family Medical Leave. The DOL has stipulated that some individuals may have “In Loco Parentis” (standing in place of a parent) status of a dependent child and be eligible for Family Medical Leave as if they were the parent to the child.
At our upcoming Webinar, BASIC will provide practical guidance on how to address these matters and other complexities surrounding the Family and Medical Leave Act.
Co-presented by: Joe Aitchison, SPHR, BASIC Vice President and Dave McDaniel, Senior Client Services Representative
Joe Aitchison, SPHR
Mr. Aitchison is a Human Resource professional with over thirty years of business management and HR consulting experience. He has worked with multi-plant International Tier I Automotive Manufacturing, schools, retail, food processing, health care, legal administration and professional services.
Dave McDaniel, Senior Client Services Representative
Dave has 26 years Human Resource management, consulting and outsource service experience. He is a Generalist in Human Resource management, personnel administration, regulatory compliance and training. He specializes in organizational development, human resource practice design and implementation.
1) A; 2) B; 3) A; 4) D; 5) B; 6) B; 7) A; 8) B; 9) A; 10) A
If you got any of these questions wrong, you may have FMLA regulation issues that need to be addressed. One way to avoid spending more time on FMLA is to outsource to BASIC. Click hereto learn more about BASIC’s FMLA services.
Click here to request a proposal for BASIC FMLA services.