DMEC CLMS - MODULE 2 FEDERAL AND STATE FMLA
Eligible Employees for FMLA - Answer -The employee must work for a cover employer.
The employee must have worked for the employer for at least 12 months and 1250
hours over the previous 12 months.
Covered Employer for FMLA - Answer -State, local and federal employers
Educational agencies (K-12; colleges and universities are considered private
employers)
Private employers with 50 or more employees within a 75 mile radius
The 50-employee count must be for atleast 20 workweeks in the current year or the
preceding calendar year
Length of Service for Employees - Answer -An employee must have worked for the
employer for a total of 12 months
Periods of employment within the prior 7 years to the "12 months of service"
requirement. A break in service does not remove the prior service from the counting
towards the eligibility requirement.
Fair Labor Standards Act of 1938 - Answer -The Act requires that employees must
receive at least the minimum wage and may not be employed for more than 40 hours in
a week without receiving at least one and one-half times their regular rates of pay for
the overtime hours. The amount employees should receive cannot be determined
without knowing the number of hours worked.
Hours Worked - Answer -The employee must have worked for the employer for at least
1250 hours within 12 months preceding the start of the leave.
Hours worked are "actual hours work is performed" it does not include hours paid for
vacation time, paid time off, etc
Special Circumstances for Hours Worked - Answer -Airline Flight Crews
Military Service
Public Employers
Independent Contractors
Joint Employment
Employers Process Requirements - Answer -There are process requirements that
employers should understand and have in place so that employees know what is
expected of them (i.e., employees are required to submit absence request 30 days in
advance if the leave reason is foreseeable)
This also give the employer the advantage of having a structure in place when
managing absences.
Basic components to review when considering whether or no leave qualifies for the
federal FMLA - Answer -Eligibility-does the employee meet the requirements?
, Availability-does the employee have time remaining or have they exhausted their
benefits?
Process Compliance - Did the employee follow the absence reporting requirements in
accordance with employee handbook.
Qualifying need - Does the leave meet the definition of a qualified reason and
relationship.
In order to be eligible for FMLA leave, which of the following is required? - Answer -The
employee must work for a cover employer.
The employee must have worked for the employer for at least 12 months and 1250
hours over the previous 12 months.
An employee worked for the same company with a four-year break. Upon return they
worked 11 months at 100 hours each month. The employee requests leave. Is the
employee eligible for FMLA - Answer -The employee is not eligible because they do not
have enough hours worked.
The FMLA entitles eligible employees to take unpaid, job-protected leave to care for a
family member. FMLA leave also applies to qualified family members who are
caregivers of an injured service member or when a family member is deployed for
military service. who fall under eligible family members? - Answer -Minor children
Adult Children
Parents
Spouses
Children - Answer -Biological, step, adopted, foster, legal ward/custody, in Local
parentis, adult children
Parents - Answer -Biological, adopted, step, foster parents, in loco parentis
Spouses - Answer -Legally married, common-law spouse, the state of celebration
mandates the legal union, not state of residence or employment.
Next of kin - Answer -The nearest blood relatives other than spouse, parent, son or
daughter (e.g., Siblings, grandparents, aunts, uncles, cousins)
Bonding with a child - Answer -FMLA leave to bond with a newborn or newly adopted
or fostered child must be taken within one year of the child's birth or placement for
adoption or foster care.
If biological mother is also recovering form the birth, that time is designated as her "own
health condition". Bonding time begins once she is no longer disabled
Fathers may also take bonding time, regardless of marital status.
Employees working for the same employer may be required to share the 12 weeks for
bonding, if the child is ill, however the parents may not be required to share the 12
weeks
Eligible Employees for FMLA - Answer -The employee must work for a cover employer.
The employee must have worked for the employer for at least 12 months and 1250
hours over the previous 12 months.
Covered Employer for FMLA - Answer -State, local and federal employers
Educational agencies (K-12; colleges and universities are considered private
employers)
Private employers with 50 or more employees within a 75 mile radius
The 50-employee count must be for atleast 20 workweeks in the current year or the
preceding calendar year
Length of Service for Employees - Answer -An employee must have worked for the
employer for a total of 12 months
Periods of employment within the prior 7 years to the "12 months of service"
requirement. A break in service does not remove the prior service from the counting
towards the eligibility requirement.
Fair Labor Standards Act of 1938 - Answer -The Act requires that employees must
receive at least the minimum wage and may not be employed for more than 40 hours in
a week without receiving at least one and one-half times their regular rates of pay for
the overtime hours. The amount employees should receive cannot be determined
without knowing the number of hours worked.
Hours Worked - Answer -The employee must have worked for the employer for at least
1250 hours within 12 months preceding the start of the leave.
Hours worked are "actual hours work is performed" it does not include hours paid for
vacation time, paid time off, etc
Special Circumstances for Hours Worked - Answer -Airline Flight Crews
Military Service
Public Employers
Independent Contractors
Joint Employment
Employers Process Requirements - Answer -There are process requirements that
employers should understand and have in place so that employees know what is
expected of them (i.e., employees are required to submit absence request 30 days in
advance if the leave reason is foreseeable)
This also give the employer the advantage of having a structure in place when
managing absences.
Basic components to review when considering whether or no leave qualifies for the
federal FMLA - Answer -Eligibility-does the employee meet the requirements?
, Availability-does the employee have time remaining or have they exhausted their
benefits?
Process Compliance - Did the employee follow the absence reporting requirements in
accordance with employee handbook.
Qualifying need - Does the leave meet the definition of a qualified reason and
relationship.
In order to be eligible for FMLA leave, which of the following is required? - Answer -The
employee must work for a cover employer.
The employee must have worked for the employer for at least 12 months and 1250
hours over the previous 12 months.
An employee worked for the same company with a four-year break. Upon return they
worked 11 months at 100 hours each month. The employee requests leave. Is the
employee eligible for FMLA - Answer -The employee is not eligible because they do not
have enough hours worked.
The FMLA entitles eligible employees to take unpaid, job-protected leave to care for a
family member. FMLA leave also applies to qualified family members who are
caregivers of an injured service member or when a family member is deployed for
military service. who fall under eligible family members? - Answer -Minor children
Adult Children
Parents
Spouses
Children - Answer -Biological, step, adopted, foster, legal ward/custody, in Local
parentis, adult children
Parents - Answer -Biological, adopted, step, foster parents, in loco parentis
Spouses - Answer -Legally married, common-law spouse, the state of celebration
mandates the legal union, not state of residence or employment.
Next of kin - Answer -The nearest blood relatives other than spouse, parent, son or
daughter (e.g., Siblings, grandparents, aunts, uncles, cousins)
Bonding with a child - Answer -FMLA leave to bond with a newborn or newly adopted
or fostered child must be taken within one year of the child's birth or placement for
adoption or foster care.
If biological mother is also recovering form the birth, that time is designated as her "own
health condition". Bonding time begins once she is no longer disabled
Fathers may also take bonding time, regardless of marital status.
Employees working for the same employer may be required to share the 12 weeks for
bonding, if the child is ill, however the parents may not be required to share the 12
weeks
