AND CORRECT ANSWERS
Question:
1. Benjamin submits a request for a two-week absence. Benjamin's employer provides him with the
necessary FMLA paperwork and gives him 15 days to complete and return it. The employer also tells
Benjamin to contact the vendor that handles their short-term disability benefit. After 9 days, the disability
is approved as the vendor reached out to the physician directly. A report of approval is provided to the
employer. However, this employer does not receive the FMLA certification form back from Benjamin. His
FMLA leave request is denied for failure to provide the requested certification. Since he had been on a
performance management plan for absenteeism, Benjamin is also terminated. True or 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 procedures.
Answer:
False
Question:
2. True or 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.
Answer:
False - It is important to know that when an absence qualifies for WC, and a claim is denied under WC,
this does not impact FMLA.
Question:
3. Tracy, who lives in Texas, requests an absence of five weeks to care for her terminally ill mother. At the
end of week three, her mother passes away and Tracy remains out to tend to funeral services and take
bereavement time. Tracy's employer informs her that weeks one through three will be covered under
federal FMLA. However, since her mother passed away at the end of week three, her absence is no longer
covered under the federal FMLA. Tracy is entitled to five days of bereavement leave, but she will need to
return at the beginning of week five of her original request. The state of Texas does not have a state FMLA
leave. The federal FMLA and bereavement leave do not run concurrently as it is not a qualified event
under the federal FMLA. There are some states, such as Oregon, which do cover bereavement as part of
their state leave laws. Which regulation or program directs the requirement of Tracy's return to work one
Answer:
Company policy
Question:
4. Workers' compensation covers which of the following benefits?
A. Income replacement
B. Death benefits to dependents
C. Medical coverage in addition in income replacement
D. All of the above
Answer:
D
, Question:
5. James was hire on Sept. 1. When he injures himself in Peru, the two days he spends in a local hospital on
May 16 and 17 count towards his FMLA leave. He is able to return to work on May 19. However, on May
22, he calls in sick as a result of neck pain, and the absence lasts 14 work days. He returns on June 11. Yes
or No: On Nov. 5, James injures himself again and needs 14 weeks off. using the "calendar year" counting
method, will James exhaust his 12 weeks of leave?
Answer:
No
Question:
6. True or False: An employer may use an employee's genetic information if the employee is exhibiting
related health issues that may impact the safety of the employee or others around the employee.
Answer:
False
Question:
7. What specific information is protected by HIPAA?
A. An individual's past, present or future physical or mental health condition
B. The provision of healthcare to an individual
C. The payment for the provision of healthcare
D. All of the above
Answer:
D
Question:
8. Which of the following examples would NOT qualify as a serious health condition:
A. Fri/Mon absence due to allergies, with a non-working weekend in between
B. Morning sickness as a result of a normal pregnancy without complications
C. Bi-annual colonoscopy prep day and procedure
D. Bringing a parent to a one-hour physical therapy appointment
Answer:
C
Question:
9. True or False: The individual with the serious health condition must always be under a treatment plan.
Answer:
False
Question:
10. True or False: 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.
Answer:
True