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Exam (elaborations)

DMEC - CLMS Flashcards Questions With Complete Solutions

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DMEC - CLMS Flashcards Questions With Complete Solutions

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DMEC - CLMS Flashcards Questions With Complete
Solutions

A supervisor is reluctant to give an employee who took FMLA
leave for cancer treatment responsibility for a major new project.
The supervisor fears that the cancer will return so he chooses to
assign the project to someone else. This is an example of
retaliation.

True or False Correct Answers True

All employees who are entitled to leave may take a total of 480
hours of leave.

True or False Correct Answers False

An employee in California has worked for her employer for 11
months, working 20 hours per week. She requires an eight-week
absence due to pregnancy complications. What will be the
outcome of her leave based on federal FMLA and California
PDL requirements?

1. All eight weeks will be denied under the federal FMLA and
approved under California PDL
2. The first four weeks will be denied under the federal FMLA
and approved under California PDL, and the last 4 weeks will be
approved under the federal FMLA and California PDL.
3. All eight weeks will be denied under both the federal FMLA
and California PDL. Correct Answers 1. All eight weeks will
be denied under FMLA and approved under California PDL

,An employee may take FMLA leave to care for a covered
service member and also for another FMLA qualifying reason
during a single 12-month period. Correct Answers True

An employee may take FMLA leave to take a grandchild to a
therapy appointment if the child's parent is deployed on a
military training in another state and the military member is a
qualified relationship to the grandparent.

True or False Correct Answers False - the qualifying exigency
must arise out of the foreign deployment of the employee's
spouse, son, daughter, or parent.

An employee must have a biological relationship with or a legal
responsibility for a child in order to take FMLA leave.

True or False Correct Answers False

An employee worked for the same company with a four-year
break. Upon return they worked 11 months at 100 hours per
month. The employee requests leave. Which answer below best
describes their circumstances?

1. The employee is eligible once they provide proof of prior
employment.
2. The employee is not eligible because they do not have 12
months of service.
3. The employee is eligible to take FMLA leave.
4. The employee is not eligible because they do not have enough
hours worked. Correct Answers 4. The employee is not
eligible because they do not have enough hours worked.

,An employee's medical information that is kept in their
personnel file and in a locked file cabinet is duly considered
protected under the ADA.

True or False Correct Answers False

Because jury duty is required, not optional, all employers must
provide pay.

True or False Correct Answers False

Because Patrick's three-week absence for surgery was approved
and paid for under the workers' compensation program, he does
not need coverage under the FMLA. The time will only be
covered by workers' compensation.

True or False Correct Answers False

Benjamin's employer was within their rights to terminate his
employment because under the FMLA, an employer has the
right to require employees to follow absence policy procedures.

True or False Correct Answers False

Erin is often late for work. She's been written up for this
behavior previously. Today she calls in unexpectedly, indicating
that her mother fell in the shower. She's at the hospital and says
that she'll likely need several weeks off to care for her. Select
the response that is MOST LIKELY to violate the FMLA's
statement that it is unlawful for an employer to "interfere,

, restrain, or deny the exercise of...any right provided under" the
FMLA?

1. You've has a lot of absences recently so when this is settled,
we do need to talk.
2. I'm sorry to hear about your mom, but your absence puts us in
a very difficult position. Correct Answers 2. I'm sorry to hear
about your mom, but your absence puts us in a very difficult
position.

For employees whose primary language is not English, an
employer must post an FMLA poster in a language in which the
employees are literate

True or False Correct Answers False

If an employee requests leave to care for their qualified family
member under the military caregiver provisions, the service
member must be on active duty at the time of the initial illness
or injury.

True or False Correct Answers False - the illness or injury can
be a result of service in the line of duty or be a prior condition
which was aggravated by service in the line of duty. The leave
may qualify if the service member has been honorably
discharged within the five year period prior to the request for
leave.

If an employer tracks FMLA leave using the "calendar year"
counting method, they must also track the 26 weeks of military

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