CLMS Certification Exam (Latest 2026/2027 Update)
Questions and Verified Answers | 100% Correct | Grade A
FMLA | ADA | PWFA | PUMP Act | State Leave Laws | Military Family Leave
Section 1: FMLA Eligibility and Core Concepts (Q1-35)
1. Maria Gonzalez was hired at Acme Manufacturing on January 15, 2024. She requests FMLA leave on December 20, 2024, to
care for her father who is undergoing cancer treatment. Maria has worked 1,300 hours during this period, and Acme employs
75 people within 75 miles of her worksite. Is Maria eligible for FMLA leave?
A. No, because she has not been employed for at least 12 months as of the leave date [CORRECT]
B. Yes, because she has worked 1,300 hours and the employer has 75 employees
C. Yes, because caring for a parent is always a qualifying reason regardless of tenure
D. No, because her father does not qualify as a covered family member under FMLA
Correct Answer: A
Under FMLA regulations at 29 CFR 825.110(b), an employee must have been employed by the covered employer for at least 12 months prior to
the start of the leave. The 12 months need not be consecutive but are counted backward from the date the employee gives notice of the need
for FMLA leave. Maria was hired on January 15, 2024, and requested leave on December 20, 2024, which is approximately 11 months.
Therefore, she does not meet the 12-month employment requirement and is not FMLA-eligible. The DMEC CLMS program emphasizes that this
is a threshold eligibility criterion that cannot be waived by the employer.
2. James Patterson works as a part-time warehouse associate at Global Logistics, Inc., which employs 200 workers at his
location. He was hired on March 1, 2023, and requests intermittent FMLA leave on April 10, 2024, for his own serious health
condition. His payroll records show he worked 1,180 hours over the past 12 months. Which of the following statements is
correct?
A. James is eligible because his employer has more than 50 employees and he has been employed over 12 months
B. James is not eligible because he has not met the 1,250-hour requirement in the 12 months preceding leave [CORRECT]
C. James is eligible because part-time employees are exempt from the hours requirement under FMLA
D. James is eligible if his employer agrees to count his scheduled hours rather than actual hours worked
Correct Answer: B
Pursuant to 29 CFR 825.110(c), an eligible employee must have worked at least 1,250 hours during the 12-month period immediately
preceding the date the FMLA leave begins. The DOL has clarified that this is actual hours worked, not hours paid or scheduled. At 1,180 hours,
James falls 70 hours short of the statutory threshold. The DMEC CLMS curriculum highlights that the hours requirement is measured by the Fair
Labor Standards Act (FLSA) principles for compensable hours, meaning overtime hours do count but paid leave time does not.
3. TechVision Corp has its headquarters in Chicago with 120 employees. It also has a small satellite office in Milwaukee with 8
employees. Sarah Chen works at the Milwaukee office and needs FMLA leave for the birth of her child. The Chicago office is 92
miles from the Milwaukee office. Sarah has worked 1,400 hours over the past 14 months. Is Sarah eligible for FMLA leave?
A. Yes, because TechVision Corp employs 120 employees total at its headquarters
B. Yes, because Sarah has worked 1,400 hours and been employed for over 12 months
C. No, because there are not 50 employees within 75 miles of Sarah's worksite [CORRECT]
D. No, because satellite offices are never counted toward the 50-employee threshold
Correct Answer: C
Under 29 CFR 825.105(d), the 50-employee threshold is determined by counting the number of employees employed by the employer within 75
miles of the worksite of the employee requesting leave. The DOL regulations specify that distance is measured by the most direct route using
available transportation, typically road miles. Since the Chicago office is 92 miles away, its 120 employees cannot be counted toward the
50-employee threshold for Sarah's Milwaukee worksite. The DMEC CLMS program stresses that the 75-mile radius test is applied to each
individual employee's worksite, and employees at a distant location cannot be combined to meet the threshold.
4. Under FMLA regulations, which of the following private-sector employers is required to comply with the FMLA?
A. Any private employer with at least 25 employees who work at least 20 hours per week
B. Any private employer who employs at least 50 employees for each working day during 20 or more calendar workweeks in the
current or preceding calendar year [CORRECT]
C. Any private employer with a total payroll exceeding $500,000 in the prior fiscal year
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D. Any private employer who conducts interstate commerce regardless of employee count
Correct Answer: B
Section 101(4)(A)(i) of the FMLA, codified at 29 USC 2611(4)(A)(i), defines a covered employer as any person engaged in commerce who
employs 50 or more employees for each working day during 20 or more calendar workweeks in the current or preceding calendar year. The
DMEC CLMS certification emphasizes that this is the sole private-sector coverage test and that neither payroll size, revenue, nor interstate
commerce alone triggers FMLA obligations. The 20 workweeks need not be consecutive.
5. Riverdale County Public Library employs 22 staff members, including part-time workers. Librarian Diane Foster has worked
there for 3 years and logged 1,500 hours in the past 12 months. She requests FMLA leave to care for her spouse recovering
from knee replacement surgery. The county government employs a total of 450 workers across all departments, with 380
working within 75 miles of the library. Is the library required to provide FMLA leave?
A. Yes, because public agencies are covered employers regardless of the number of employees at a specific worksite [CORRECT]
B. No, because the library itself has fewer than 50 employees
C. No, because only state governments are covered, not county-level entities
D. Yes, but only because there are 380 county employees within 75 miles of the library
Correct Answer: A
Under 29 USC 2611(4)(A)(ii) and 29 CFR 825.104(d), public agencies are covered employers regardless of the number of employees they
employ. A public agency is defined as a local government or any department, agency, or special purpose district of a state or local government.
The DMEC CLMS program highlights this as a key distinction from private-sector coverage: public agencies do not need to meet the
50-employee threshold, though employees must still meet individual eligibility requirements of 12 months of employment and 1,250 hours
worked. Therefore, the Riverdale County Public Library must comply with FMLA.
6. Rachel Kim gives birth to a healthy baby boy on March 5, 2024. She is an eligible employee at Horizon Financial Services.
Rachel takes 8 weeks of paid maternity leave under her company's short-term disability policy, which runs from March 5
through April 30, 2024. On May 1, 2024, she requests an additional 4 weeks of FMLA leave to bond with her newborn. Her
manager denies the request, stating she already used FMLA during her maternity leave. Is the manager correct?
A. Yes, because paid disability leave counts toward the 12-week FMLA entitlement for bonding
B. Yes, because the total leave exceeds 12 weeks when combining disability and bonding leave
C. No, because bonding leave is separate from disability leave and she is entitled to the full 12 weeks for bonding purposes
[CORRECT]
D. No, but only because the employer failed to provide proper FMLA designation notice
Correct Answer: C
Under 29 CFR 825.120, both parents are entitled to a combined total of 12 workweeks of leave during the 12-month period for the birth and
bonding with a newborn child. The DOL has clarified that leave for the birth of a child and leave to bond with a newborn are part of the same
FMLA entitlement for a single qualifying reason. However, if the employer designated the disability leave as FMLA leave, the two run
concurrently and count against the same 12-week entitlement. The DMEC CLMS program teaches that the key issue is whether the employer
properly designated the initial leave as FMLA-qualifying under 29 CFR 825.300(d), which requires notice within five business days of learning
the reason for the leave. Without proper designation, the employer may not retroactively count those weeks against the FMLA entitlement.
7. Thomas and Linda Rivera finalized the adoption of a 3-year-old child from Colombia on February 15, 2024. Thomas is an
eligible employee at MedStar Health Systems. The adoption proceedings began with a home study on June 1, 2023, and the
child was placed in their home on December 10, 2023. Thomas wants to take FMLA leave. When is the latest date Thomas
could begin FMLA leave for this adoption?
A. February 15, 2024, the date the adoption was finalized
B. December 10, 2023, the date the child was placed in the home
C. June 1, 2023, when the adoption proceedings began
D. One year after the date of placement or the date of finalization, whichever is later [CORRECT]
Correct Answer: D
Under 29 CFR 825.121, FMLA leave for adoption or foster care must conclude within 12 months after the placement of the child for adoption or
foster care. The DOL Wage and Hour Division has interpreted this to mean that the leave must begin and end within the 12-month period
following placement. In the case of an intercountry adoption, the placement date is when the child arrives in the United States or, if the child is
already in the U.S., when the adoptive parents assume physical custody. The DMEC CLMS curriculum notes that for adoption, the bonding
leave window extends one year from placement, and the finalization date does not independently trigger a new leave entitlement.
8. Carlos Mendoza's 22-year-old daughter, Sofia, is diagnosed with seasonal allergies that require her to visit an allergist once
per month for injections. Carlos requests intermittent FMLA leave to drive Sofia to her appointments, which take about 2
, CLMS CERTIFICATION EXAM 2026/2027 Page 3
hours each including travel time. Carlos is an eligible employee at Pinnacle Industries. Should Carlos's request be approved as
FMLA-qualifying?
A. No, because seasonal allergies do not constitute a serious health condition under FMLA [CORRECT]
B. Yes, because driving a family member to medical appointments always qualifies for FMLA
C. Yes, because Sofia is his daughter and any medical condition of a child qualifies the parent for leave
D. No, because Sofia is 22 years old and therefore no longer a covered family member
Correct Answer: A
Under 29 CFR 825.113(a), a serious health condition is defined to include an illness, injury, impairment, or physical or mental condition that
involves inpatient care or continuing treatment by a healthcare provider. Seasonal allergies requiring monthly injections typically do not meet
the regulatory definition of a serious health condition because they do not involve a period of incapacity of more than three consecutive days,
nor do they require continuing treatment that involves multiple treatments over an extended period as defined under 29 CFR 825.115(a)(2).
The DMEC CLMS program emphasizes that not every medical condition rises to the level of an FMLA-qualifying serious health condition, and
HR professionals must analyze each situation against the regulatory criteria.
9. Patricia Wheeler, an eligible employee at Summit Consulting, experiences severe migraines approximately twice per month
that prevent her from working for 6 to 10 hours each episode. Her neurologist has prescribed preventive medication and she
sees him every 8 weeks for follow-up. Patricia requests intermittent FMLA leave for these migraine episodes. Does this qualify
as a serious health condition?
A. No, because migraines lasting only 6 to 10 hours do not constitute a serious health condition
B. Yes, because any chronic condition requiring medication qualifies automatically under FMLA
C. No, because the episodes are not severe enough to require inpatient care
D. Yes, because she is under the continuing treatment of a healthcare provider and experiences periodic incapacity [CORRECT]
Correct Answer: D
Under 29 CFR 825.115(a)(2)(iii), a serious health condition involving continuing treatment includes chronic conditions requiring periodic visits
for treatment by a healthcare provider, continuing over an extended period of time, which may cause episodic rather than a continuing period
of incapacity. The DOL has specifically recognized that conditions such as migraines, asthma, epilepsy, and diabetes can qualify as chronic
serious health conditions. Patricia's migraines cause periodic incapacity, and she is under the regular care of her neurologist. The DMEC CLMS
certification stresses that the key factor is the episodic nature combined with ongoing medical supervision, not the duration of each individual
episode.
10. Sergeant David Brooks is a National Guard member who has been notified of pending deployment to Afghanistan in 45
days. His wife, Amanda, is an eligible employee at Lakeside Retail Corp. Amanda requests FMLA leave to attend
pre-deployment military events, arrange childcare, and handle financial and legal affairs related to her husband's deployment.
Under which FMLA provision may Amanda take leave?
A. Military caregiver leave, because her husband is a covered servicemember
B. Neither, because National Guard members are not covered under FMLA military provisions
C. Qualifying exigency leave, because her husband has a covered military deployment [CORRECT]
D. Both qualifying exigency and military caregiver leave simultaneously
Correct Answer: C
Under 29 CFR 825.302, a qualifying exigency is defined as any qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is a covered military member on covered active duty. The qualifying exigency provisions of 29 CFR 825.302(a) cover
pre-deployment activities, military events, childcare and school activities, financial and legal arrangements, rest and recuperation,
post-deployment activities, and additional activities agreed upon by the employer and employee. The DMEC CLMS program distinguishes
between qualifying exigency leave (limited circumstances tied to deployment logistics) and military caregiver leave (for care of a
servicemember with a serious injury or illness incurred during military service).
11. Under the FMLA military caregiver provisions, which of the following best describes the leave entitlement available to an
eligible employee whose covered servicemember spouse suffered a serious injury in combat?
A. 12 workweeks of leave in a single 12-month period for caregiver duties
B. 26 workweeks of leave during a single 12-month period to care for the servicemember [CORRECT]
C. Unlimited leave as long as the servicemember remains recovering from the injury
D. 12 workweeks of leave that can be renewed for one additional 12-month period
Correct Answer: B
Under 29 USC 2612(a)(1)(E) and 29 CFR 825.310, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered
servicemember is entitled to up to 26 workweeks of leave during a single 12-month period to care for the servicemember. This is a special
entitlement that applies only to military caregiver leave and is measured using a rolling 12-month period measured forward from the date the
, CLMS CERTIFICATION EXAM 2026/2027 Page 4
employee first takes leave for this qualifying reason. The DMEC CLMS program emphasizes that this 26-week entitlement is in addition to the
standard 12-week FMLA leave for other qualifying reasons, though the employee is limited to a combined total of 26 weeks in the applicable
12-month period.
12. Daniel Park and Kevin Lee were legally married in Massachusetts in 2019 and currently reside in Ohio, which does not
recognize same-sex marriage. Daniel works for National Insurance Co. in Ohio and requests FMLA leave to care for Kevin, who
is recovering from heart surgery. Daniel has been employed for 3 years and worked 1,600 hours in the past 12 months. Is
Daniel entitled to FMLA leave to care for Kevin?
A. No, because Ohio does not recognize their marriage, so Kevin is not a spouse under FMLA
B. Yes, but only if National Insurance Co. voluntarily offers domestic partner benefits
C. No, because FMLA only recognizes opposite-sex spouses
D. Yes, because FMLA recognizes all valid marriages regardless of the state of residence [CORRECT]
Correct Answer: D
Under 29 CFR 825.122(b), the term spouse includes a husband or wife as defined or recognized under state law for purposes of marriage in the
state where the employee resides, including common law marriage. Following the 2015 Supreme Court decision in Obergefell v. Hodges and
the subsequent 2015 DOL FMLA Final Rule, FMLA spousal coverage is based on the law of the state where the marriage was celebrated or the
state of domicile, whichever provides broader coverage. The DMEC CLMS certification confirms that all legally valid marriages, including
same-sex marriages, are recognized for FMLA purposes regardless of whether the employee's state of residence recognizes the marriage.
13. Jennifer Adams, a single woman with no biological or legally adopted children, has been the primary caregiver for her
8-year-old nephew, Marcus, since his mother (Jennifer's sister) entered a rehabilitation facility 3 years ago. Jennifer provides
all daily care, makes medical and educational decisions, and claims Marcus as a dependent on her tax returns. Marcus's father
is not involved. Jennifer is an eligible employee who requests FMLA leave when Marcus is hospitalized with pneumonia. Is
Jennifer entitled to FMLA leave to care for Marcus?
A. Yes, because Jennifer stands in loco parentis to Marcus and has assumed the day-to-day responsibilities of a parent
[CORRECT]
B. No, because Marcus is her nephew, not her biological or adopted child
C. No, because only legal guardians or foster parents can take FMLA leave for a child who is not their own
D. Yes, but only because Marcus's mother is unavailable due to rehabilitation
Correct Answer: A
Under 29 CFR 825.122(c), the term son or daughter includes a child for whom the employee has day-to-day responsibility to care for and
financially support, commonly referred to as standing in loco parentis. The DOL has made clear that neither biological nor legal relationship is
required. The regulations state that the FMLA does not restrict the number of individuals who may stand in loco parentis to a child. The fact
that Jennifer provides daily care, makes medical and educational decisions, and claims Marcus as a dependent demonstrates that she has
assumed the ongoing responsibilities of a parent. The DMEC CLMS program highlights that in loco parentis analysis focuses on the functional
relationship rather than legal status, biological ties, or formal custody arrangements.
14. Robert Chang's mother-in-law, Helen, suffers a stroke and requires full-time assistance with daily living activities. Robert's
wife is currently deployed overseas with the Army. Robert wants to take FMLA leave to care for Helen. Robert is an eligible
employee at Crestview Manufacturing. Is Robert entitled to FMLA leave to care for his mother-in-law?
A. Yes, because his wife is deployed and he is the only available caregiver for Helen
B. No, because parents-in-law are not included in the FMLA definition of parent [CORRECT]
C. Yes, because state law recognizes parents-in-law as immediate family members
D. No, because only biological parents qualify, not any in-law relationships
Correct Answer: B
Under 29 CFR 825.122(d), the term parent means a biological, adoptive, step, or foster father or mother, or any other individual who stood in
loco parentis to the employee when the employee was a son or daughter. The DOL has explicitly stated that parents-in-law are not included in
the FMLA definition of parent. This remains true regardless of the circumstances, such as the spouse's military deployment or the absence of
other caregivers. The DMEC CLMS certification stresses that this is a strict statutory interpretation that employers cannot broaden, even if they
wish to provide the leave, and that in-laws would need to qualify under in loco parentis (which would require the employee to have been raised
by the individual), not through the marital relationship.
15. Nurse Practitioner Angela Torres works at City General Hospital and has been diagnosed with Crohn's disease, which
causes unpredictable flare-ups requiring 2 to 3 days of absence each time. She has provided medical certification documenting
her condition. Angela requests intermittent FMLA leave and asks that her schedule be modified to accommodate medical
appointments and flare-ups. Her supervisor insists she must take leave in full-week increments. What is the correct FMLA
Questions and Verified Answers | 100% Correct | Grade A
FMLA | ADA | PWFA | PUMP Act | State Leave Laws | Military Family Leave
Section 1: FMLA Eligibility and Core Concepts (Q1-35)
1. Maria Gonzalez was hired at Acme Manufacturing on January 15, 2024. She requests FMLA leave on December 20, 2024, to
care for her father who is undergoing cancer treatment. Maria has worked 1,300 hours during this period, and Acme employs
75 people within 75 miles of her worksite. Is Maria eligible for FMLA leave?
A. No, because she has not been employed for at least 12 months as of the leave date [CORRECT]
B. Yes, because she has worked 1,300 hours and the employer has 75 employees
C. Yes, because caring for a parent is always a qualifying reason regardless of tenure
D. No, because her father does not qualify as a covered family member under FMLA
Correct Answer: A
Under FMLA regulations at 29 CFR 825.110(b), an employee must have been employed by the covered employer for at least 12 months prior to
the start of the leave. The 12 months need not be consecutive but are counted backward from the date the employee gives notice of the need
for FMLA leave. Maria was hired on January 15, 2024, and requested leave on December 20, 2024, which is approximately 11 months.
Therefore, she does not meet the 12-month employment requirement and is not FMLA-eligible. The DMEC CLMS program emphasizes that this
is a threshold eligibility criterion that cannot be waived by the employer.
2. James Patterson works as a part-time warehouse associate at Global Logistics, Inc., which employs 200 workers at his
location. He was hired on March 1, 2023, and requests intermittent FMLA leave on April 10, 2024, for his own serious health
condition. His payroll records show he worked 1,180 hours over the past 12 months. Which of the following statements is
correct?
A. James is eligible because his employer has more than 50 employees and he has been employed over 12 months
B. James is not eligible because he has not met the 1,250-hour requirement in the 12 months preceding leave [CORRECT]
C. James is eligible because part-time employees are exempt from the hours requirement under FMLA
D. James is eligible if his employer agrees to count his scheduled hours rather than actual hours worked
Correct Answer: B
Pursuant to 29 CFR 825.110(c), an eligible employee must have worked at least 1,250 hours during the 12-month period immediately
preceding the date the FMLA leave begins. The DOL has clarified that this is actual hours worked, not hours paid or scheduled. At 1,180 hours,
James falls 70 hours short of the statutory threshold. The DMEC CLMS curriculum highlights that the hours requirement is measured by the Fair
Labor Standards Act (FLSA) principles for compensable hours, meaning overtime hours do count but paid leave time does not.
3. TechVision Corp has its headquarters in Chicago with 120 employees. It also has a small satellite office in Milwaukee with 8
employees. Sarah Chen works at the Milwaukee office and needs FMLA leave for the birth of her child. The Chicago office is 92
miles from the Milwaukee office. Sarah has worked 1,400 hours over the past 14 months. Is Sarah eligible for FMLA leave?
A. Yes, because TechVision Corp employs 120 employees total at its headquarters
B. Yes, because Sarah has worked 1,400 hours and been employed for over 12 months
C. No, because there are not 50 employees within 75 miles of Sarah's worksite [CORRECT]
D. No, because satellite offices are never counted toward the 50-employee threshold
Correct Answer: C
Under 29 CFR 825.105(d), the 50-employee threshold is determined by counting the number of employees employed by the employer within 75
miles of the worksite of the employee requesting leave. The DOL regulations specify that distance is measured by the most direct route using
available transportation, typically road miles. Since the Chicago office is 92 miles away, its 120 employees cannot be counted toward the
50-employee threshold for Sarah's Milwaukee worksite. The DMEC CLMS program stresses that the 75-mile radius test is applied to each
individual employee's worksite, and employees at a distant location cannot be combined to meet the threshold.
4. Under FMLA regulations, which of the following private-sector employers is required to comply with the FMLA?
A. Any private employer with at least 25 employees who work at least 20 hours per week
B. Any private employer who employs at least 50 employees for each working day during 20 or more calendar workweeks in the
current or preceding calendar year [CORRECT]
C. Any private employer with a total payroll exceeding $500,000 in the prior fiscal year
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D. Any private employer who conducts interstate commerce regardless of employee count
Correct Answer: B
Section 101(4)(A)(i) of the FMLA, codified at 29 USC 2611(4)(A)(i), defines a covered employer as any person engaged in commerce who
employs 50 or more employees for each working day during 20 or more calendar workweeks in the current or preceding calendar year. The
DMEC CLMS certification emphasizes that this is the sole private-sector coverage test and that neither payroll size, revenue, nor interstate
commerce alone triggers FMLA obligations. The 20 workweeks need not be consecutive.
5. Riverdale County Public Library employs 22 staff members, including part-time workers. Librarian Diane Foster has worked
there for 3 years and logged 1,500 hours in the past 12 months. She requests FMLA leave to care for her spouse recovering
from knee replacement surgery. The county government employs a total of 450 workers across all departments, with 380
working within 75 miles of the library. Is the library required to provide FMLA leave?
A. Yes, because public agencies are covered employers regardless of the number of employees at a specific worksite [CORRECT]
B. No, because the library itself has fewer than 50 employees
C. No, because only state governments are covered, not county-level entities
D. Yes, but only because there are 380 county employees within 75 miles of the library
Correct Answer: A
Under 29 USC 2611(4)(A)(ii) and 29 CFR 825.104(d), public agencies are covered employers regardless of the number of employees they
employ. A public agency is defined as a local government or any department, agency, or special purpose district of a state or local government.
The DMEC CLMS program highlights this as a key distinction from private-sector coverage: public agencies do not need to meet the
50-employee threshold, though employees must still meet individual eligibility requirements of 12 months of employment and 1,250 hours
worked. Therefore, the Riverdale County Public Library must comply with FMLA.
6. Rachel Kim gives birth to a healthy baby boy on March 5, 2024. She is an eligible employee at Horizon Financial Services.
Rachel takes 8 weeks of paid maternity leave under her company's short-term disability policy, which runs from March 5
through April 30, 2024. On May 1, 2024, she requests an additional 4 weeks of FMLA leave to bond with her newborn. Her
manager denies the request, stating she already used FMLA during her maternity leave. Is the manager correct?
A. Yes, because paid disability leave counts toward the 12-week FMLA entitlement for bonding
B. Yes, because the total leave exceeds 12 weeks when combining disability and bonding leave
C. No, because bonding leave is separate from disability leave and she is entitled to the full 12 weeks for bonding purposes
[CORRECT]
D. No, but only because the employer failed to provide proper FMLA designation notice
Correct Answer: C
Under 29 CFR 825.120, both parents are entitled to a combined total of 12 workweeks of leave during the 12-month period for the birth and
bonding with a newborn child. The DOL has clarified that leave for the birth of a child and leave to bond with a newborn are part of the same
FMLA entitlement for a single qualifying reason. However, if the employer designated the disability leave as FMLA leave, the two run
concurrently and count against the same 12-week entitlement. The DMEC CLMS program teaches that the key issue is whether the employer
properly designated the initial leave as FMLA-qualifying under 29 CFR 825.300(d), which requires notice within five business days of learning
the reason for the leave. Without proper designation, the employer may not retroactively count those weeks against the FMLA entitlement.
7. Thomas and Linda Rivera finalized the adoption of a 3-year-old child from Colombia on February 15, 2024. Thomas is an
eligible employee at MedStar Health Systems. The adoption proceedings began with a home study on June 1, 2023, and the
child was placed in their home on December 10, 2023. Thomas wants to take FMLA leave. When is the latest date Thomas
could begin FMLA leave for this adoption?
A. February 15, 2024, the date the adoption was finalized
B. December 10, 2023, the date the child was placed in the home
C. June 1, 2023, when the adoption proceedings began
D. One year after the date of placement or the date of finalization, whichever is later [CORRECT]
Correct Answer: D
Under 29 CFR 825.121, FMLA leave for adoption or foster care must conclude within 12 months after the placement of the child for adoption or
foster care. The DOL Wage and Hour Division has interpreted this to mean that the leave must begin and end within the 12-month period
following placement. In the case of an intercountry adoption, the placement date is when the child arrives in the United States or, if the child is
already in the U.S., when the adoptive parents assume physical custody. The DMEC CLMS curriculum notes that for adoption, the bonding
leave window extends one year from placement, and the finalization date does not independently trigger a new leave entitlement.
8. Carlos Mendoza's 22-year-old daughter, Sofia, is diagnosed with seasonal allergies that require her to visit an allergist once
per month for injections. Carlos requests intermittent FMLA leave to drive Sofia to her appointments, which take about 2
, CLMS CERTIFICATION EXAM 2026/2027 Page 3
hours each including travel time. Carlos is an eligible employee at Pinnacle Industries. Should Carlos's request be approved as
FMLA-qualifying?
A. No, because seasonal allergies do not constitute a serious health condition under FMLA [CORRECT]
B. Yes, because driving a family member to medical appointments always qualifies for FMLA
C. Yes, because Sofia is his daughter and any medical condition of a child qualifies the parent for leave
D. No, because Sofia is 22 years old and therefore no longer a covered family member
Correct Answer: A
Under 29 CFR 825.113(a), a serious health condition is defined to include an illness, injury, impairment, or physical or mental condition that
involves inpatient care or continuing treatment by a healthcare provider. Seasonal allergies requiring monthly injections typically do not meet
the regulatory definition of a serious health condition because they do not involve a period of incapacity of more than three consecutive days,
nor do they require continuing treatment that involves multiple treatments over an extended period as defined under 29 CFR 825.115(a)(2).
The DMEC CLMS program emphasizes that not every medical condition rises to the level of an FMLA-qualifying serious health condition, and
HR professionals must analyze each situation against the regulatory criteria.
9. Patricia Wheeler, an eligible employee at Summit Consulting, experiences severe migraines approximately twice per month
that prevent her from working for 6 to 10 hours each episode. Her neurologist has prescribed preventive medication and she
sees him every 8 weeks for follow-up. Patricia requests intermittent FMLA leave for these migraine episodes. Does this qualify
as a serious health condition?
A. No, because migraines lasting only 6 to 10 hours do not constitute a serious health condition
B. Yes, because any chronic condition requiring medication qualifies automatically under FMLA
C. No, because the episodes are not severe enough to require inpatient care
D. Yes, because she is under the continuing treatment of a healthcare provider and experiences periodic incapacity [CORRECT]
Correct Answer: D
Under 29 CFR 825.115(a)(2)(iii), a serious health condition involving continuing treatment includes chronic conditions requiring periodic visits
for treatment by a healthcare provider, continuing over an extended period of time, which may cause episodic rather than a continuing period
of incapacity. The DOL has specifically recognized that conditions such as migraines, asthma, epilepsy, and diabetes can qualify as chronic
serious health conditions. Patricia's migraines cause periodic incapacity, and she is under the regular care of her neurologist. The DMEC CLMS
certification stresses that the key factor is the episodic nature combined with ongoing medical supervision, not the duration of each individual
episode.
10. Sergeant David Brooks is a National Guard member who has been notified of pending deployment to Afghanistan in 45
days. His wife, Amanda, is an eligible employee at Lakeside Retail Corp. Amanda requests FMLA leave to attend
pre-deployment military events, arrange childcare, and handle financial and legal affairs related to her husband's deployment.
Under which FMLA provision may Amanda take leave?
A. Military caregiver leave, because her husband is a covered servicemember
B. Neither, because National Guard members are not covered under FMLA military provisions
C. Qualifying exigency leave, because her husband has a covered military deployment [CORRECT]
D. Both qualifying exigency and military caregiver leave simultaneously
Correct Answer: C
Under 29 CFR 825.302, a qualifying exigency is defined as any qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is a covered military member on covered active duty. The qualifying exigency provisions of 29 CFR 825.302(a) cover
pre-deployment activities, military events, childcare and school activities, financial and legal arrangements, rest and recuperation,
post-deployment activities, and additional activities agreed upon by the employer and employee. The DMEC CLMS program distinguishes
between qualifying exigency leave (limited circumstances tied to deployment logistics) and military caregiver leave (for care of a
servicemember with a serious injury or illness incurred during military service).
11. Under the FMLA military caregiver provisions, which of the following best describes the leave entitlement available to an
eligible employee whose covered servicemember spouse suffered a serious injury in combat?
A. 12 workweeks of leave in a single 12-month period for caregiver duties
B. 26 workweeks of leave during a single 12-month period to care for the servicemember [CORRECT]
C. Unlimited leave as long as the servicemember remains recovering from the injury
D. 12 workweeks of leave that can be renewed for one additional 12-month period
Correct Answer: B
Under 29 USC 2612(a)(1)(E) and 29 CFR 825.310, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered
servicemember is entitled to up to 26 workweeks of leave during a single 12-month period to care for the servicemember. This is a special
entitlement that applies only to military caregiver leave and is measured using a rolling 12-month period measured forward from the date the
, CLMS CERTIFICATION EXAM 2026/2027 Page 4
employee first takes leave for this qualifying reason. The DMEC CLMS program emphasizes that this 26-week entitlement is in addition to the
standard 12-week FMLA leave for other qualifying reasons, though the employee is limited to a combined total of 26 weeks in the applicable
12-month period.
12. Daniel Park and Kevin Lee were legally married in Massachusetts in 2019 and currently reside in Ohio, which does not
recognize same-sex marriage. Daniel works for National Insurance Co. in Ohio and requests FMLA leave to care for Kevin, who
is recovering from heart surgery. Daniel has been employed for 3 years and worked 1,600 hours in the past 12 months. Is
Daniel entitled to FMLA leave to care for Kevin?
A. No, because Ohio does not recognize their marriage, so Kevin is not a spouse under FMLA
B. Yes, but only if National Insurance Co. voluntarily offers domestic partner benefits
C. No, because FMLA only recognizes opposite-sex spouses
D. Yes, because FMLA recognizes all valid marriages regardless of the state of residence [CORRECT]
Correct Answer: D
Under 29 CFR 825.122(b), the term spouse includes a husband or wife as defined or recognized under state law for purposes of marriage in the
state where the employee resides, including common law marriage. Following the 2015 Supreme Court decision in Obergefell v. Hodges and
the subsequent 2015 DOL FMLA Final Rule, FMLA spousal coverage is based on the law of the state where the marriage was celebrated or the
state of domicile, whichever provides broader coverage. The DMEC CLMS certification confirms that all legally valid marriages, including
same-sex marriages, are recognized for FMLA purposes regardless of whether the employee's state of residence recognizes the marriage.
13. Jennifer Adams, a single woman with no biological or legally adopted children, has been the primary caregiver for her
8-year-old nephew, Marcus, since his mother (Jennifer's sister) entered a rehabilitation facility 3 years ago. Jennifer provides
all daily care, makes medical and educational decisions, and claims Marcus as a dependent on her tax returns. Marcus's father
is not involved. Jennifer is an eligible employee who requests FMLA leave when Marcus is hospitalized with pneumonia. Is
Jennifer entitled to FMLA leave to care for Marcus?
A. Yes, because Jennifer stands in loco parentis to Marcus and has assumed the day-to-day responsibilities of a parent
[CORRECT]
B. No, because Marcus is her nephew, not her biological or adopted child
C. No, because only legal guardians or foster parents can take FMLA leave for a child who is not their own
D. Yes, but only because Marcus's mother is unavailable due to rehabilitation
Correct Answer: A
Under 29 CFR 825.122(c), the term son or daughter includes a child for whom the employee has day-to-day responsibility to care for and
financially support, commonly referred to as standing in loco parentis. The DOL has made clear that neither biological nor legal relationship is
required. The regulations state that the FMLA does not restrict the number of individuals who may stand in loco parentis to a child. The fact
that Jennifer provides daily care, makes medical and educational decisions, and claims Marcus as a dependent demonstrates that she has
assumed the ongoing responsibilities of a parent. The DMEC CLMS program highlights that in loco parentis analysis focuses on the functional
relationship rather than legal status, biological ties, or formal custody arrangements.
14. Robert Chang's mother-in-law, Helen, suffers a stroke and requires full-time assistance with daily living activities. Robert's
wife is currently deployed overseas with the Army. Robert wants to take FMLA leave to care for Helen. Robert is an eligible
employee at Crestview Manufacturing. Is Robert entitled to FMLA leave to care for his mother-in-law?
A. Yes, because his wife is deployed and he is the only available caregiver for Helen
B. No, because parents-in-law are not included in the FMLA definition of parent [CORRECT]
C. Yes, because state law recognizes parents-in-law as immediate family members
D. No, because only biological parents qualify, not any in-law relationships
Correct Answer: B
Under 29 CFR 825.122(d), the term parent means a biological, adoptive, step, or foster father or mother, or any other individual who stood in
loco parentis to the employee when the employee was a son or daughter. The DOL has explicitly stated that parents-in-law are not included in
the FMLA definition of parent. This remains true regardless of the circumstances, such as the spouse's military deployment or the absence of
other caregivers. The DMEC CLMS certification stresses that this is a strict statutory interpretation that employers cannot broaden, even if they
wish to provide the leave, and that in-laws would need to qualify under in loco parentis (which would require the employee to have been raised
by the individual), not through the marital relationship.
15. Nurse Practitioner Angela Torres works at City General Hospital and has been diagnosed with Crohn's disease, which
causes unpredictable flare-ups requiring 2 to 3 days of absence each time. She has provided medical certification documenting
her condition. Angela requests intermittent FMLA leave and asks that her schedule be modified to accommodate medical
appointments and flare-ups. Her supervisor insists she must take leave in full-week increments. What is the correct FMLA
