AND ANSWERS
Which of the following examples would NOT qualify as a serious health condition?
1. Friday/Monday absence due to allergies, with a non-working weekend in between
2. Morning sickness as a result of a normal pregnancy without complications
3. Bi-annual colonoscopy prep day and procedure
4. Bringing a parent to a one-hour physical therapy appointment - ANS 3. Bi-annual
colonoscopy prep day and procedure
The individual with the serious health condition must always be under a treatment plan.
True or False - ANS False - Permanent or long-term conditions for which treatment may not
be effective can qualify, such as Alzheimer's or the end stage of a terminal illness. However, the
patient does need to be under the supervision of a healthcare provider, even if no treatment is
administered.
The FMLA defines a serious health condition as one in which an employee is unable to perform
ONE of the essential functions of the employee's position.
True or False - ANS True - An employee only be incapable of doing at least one essential
function of the job.
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, Which of the following medical conditions would likely have a predictable absence schedule,
requiring the employee to provide advance notice of leave.
1. Migraine headaches
2. Back pain
3. Prenatal routine care
4. Allergies - ANS 3. Prenatal routine care - Migraine headaches, back pain, and allergies are
generally sporadic and unpredictable. However, prenatal routine appointments occur on a
defined schedule and allow for an employee to provide advance notice of the need for the
absence. This ensures the least disruption to the company's operations. An employer may
require advance notice only for circumstances in which the absence is reasonable and
predictable.
Which option accurately reflects qualified FMLA time off for bonding offered to an employee?
1. Birth of a biological child, adoption of a child, or placement of a foster child
2. Birth of a biological child, adoption of a child, placement of a foster child, and/or addition of
a step child
3. Birth of a biological child, adoption of a child, or placement of a foster child and/or a child
who is a ward of the state - ANS 1. Birth of a biological child, adoption of a child, or
placement of a foster child - Although a stepchild and child in the employee's custody as a ward
of the state may qualify under caring for a family member with a serious health condition, they
are not qualified for bonding time.
Scenario: Shannon and Elizabeth are coworkers and found out they are both pregnant and due
around Thanksgiving.
Shannon works five (5) days each week, for a schedules eight-hour day. Elizabeth works
Monday, Wednesday, and Friday only, and on those days is scheduled for eight-hour days.
Therefore, Shannon is entitled to 12 workweeks based on 40-hour schedule, and Elizabeth is
entitled to 12 workweeks based on a 24-hour schedule.
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, All absences are calculated as a fraction of the employee's schedule. If Shannon takes one
eight-hour day, she has taken 1/5 of a workweek (calculated as 20% of a week). If Elizabeth also
takes one eight-hour day, she has used 1/3 of a workweek (calculated as 33% of a week) as she
is only scheduled three days.
Elizabeth takes off Friday the week of Columbus Day, when the office is closed on Monday.
What fraction of the week has Elizabeth taken?
1. 1/5 (20%)
2. 1/3 (33%)
3. 1/2 (50%)
4. 2/3 - ANS 2. 1/3 (33%) - the holiday closure does not count against her FMLA entitlement.
Scenario: Shannon and Elizabeth are coworkers and found out they are both pregnant and due
around Thanksgiving.
Shannon works five (5) days each week, for a schedules eight-hour day. Elizabeth works
Monday, Wednesday, and Friday only, and on those days is scheduled for eight-hour days.
Therefore, Shannon is entitled to 12 workweeks based on 40-hour schedule, and Elizabeth is
entitled to 12 workweeks based on a 24-hour schedule.
All absences are calculated as a fraction of the employee's schedule. If Shannon takes one
eight-hour day, she has taken 1/5 of a workweek (calculated as 20% of a week). If Elizabeth also
takes one eight-hour day, she has used 1/3 of a workweek (calculated as 33% of a week) as she
is only scheduled three days.
Shannon takes Wednesday thru Friday the week of Columbus Day, when the office is closed on
Monday. What fraction of the week has she taken?
1. 3/5 (60%)
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, 3. 3/4 (75%)
4. 2 - ANS 1. 3/5 (60%)
All employees who are entitled to leave may take a total of 480 hours of leave.
True or False - ANS False
The federal FMLA allows 12 workweeks for all leaves and qualified relationships. Some military
related leaves allow an additional 14 weeks for a total of up to 26 weeks. Which of the
following relationships would ONLY qualify under a military leave?
1. Spouse
2. Parent
3. Sibling
4. Child - ANS 4. Sibling - Under military caregiver leave, employees may also take time for
anybody who qualifies as "next of kin", defined as the nearest blood relative other than the
covered service member's spouse, parent, son, or daughter in the following order of priority:
blood relatives who have been granted legal custody of the covered service member by court
decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first
cousins unless the covered service member has specifically designated in writing another blood
relative as his or her nearest blood relative for purposes of military caregiver leave under the
FMLA.
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 - ANS 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.
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