CLMS FMLA COPY QUESTIONS WITH COMPLETE
SOLUTIONS
ADA interactive process
step 1: recognizing an accommodation
step 2: Gathering information
step 3:Exploring Accommodations Options
step 4:Choosing an Accommodation
Step 5: implementing the accommodation
step 6: monitoring the accommodation
Although EE is the most qualified. The ER has decided not to
offer the position to her b/c they do not want to incur the
expense of building and maintaining an accessible ramp. IN
addition they have never allowed an accountant to work from
home, and they feel that they should not be require to alter the
job description bc of EE disability. is the employer justified in
not offering the job to charisse?
No.
An equal employment opportunity
is the chance to attain the same level of performance or to enjoy
equal benefits and pillages of employment as are available to
average similarly situated employee without a disability.
After a two-week and treatment for depression Mark asks to
return to work on part-time basis. His ER tells him that he can't
RTW until he doesn't require either restriction or
accommodations because they need everyone at full capacity to
,meet an important deadline. Based on these cursory facts, is
Mark likely to succeed if he flies a discrimination charge with
the EEOC?
Yes
A sup is reluctant to give EE who took FMLA for cancer tx
responsibility for a major new project. The Sup fears that the
cancer will return so he chooses to assign the project to someone
else. This is an example of retaliation.
True.
after ordering chair headset and allowing WFH what are the
Next steps for ER?
Engage in discussion with the EE to review the options and put a
written agreement in place to document the action chosen and to
revisit if there are additional concerns.
In oct. Steve tells ER he has to go out on leave dec 23. Steve
gets performance review dec 20 and is put on improvement plan.
Since he already communicated he will be on leave, can the ER
follow company approved performance magmt process?
Yes. EE is not entitled to any greater options around job security
simply for having requested future leave.
ADA
Americans with Disabilities Act (ADA)- gives civil rights
protections to individuals with disabilities similar to those
,provide to induvial on the basis of race, color, sex , national
origin, age and religion. it guarantees equal opportunity for
individuals with disabilities in public accommodations,
employment, transpiration, state and local gov services and
telecommunications.
Applies to ER with 15 or more EEs
Enacted in 1990
Revision ADAAA 2008
Effective 2009
EEOC
Employment Opportunity Commission- civil rights law that
prohibits discrimination against individuals with disabilities in
all areas of public life, including jobs, schools, transportation
and all public and private places that are open to the public.
Fixed Year
any 12 month period such as a fiscal year
Ex: oct 1- sept 30
Ex: a year starting on EE's anniversary date-9/22-9/21
or 12 month period
allows for stacking time will have all 12 weeks restored on the
first day of the new 12 month period regardless of the amt of
time the took in the final months of previous period.
Rolling Forward
, measured forward from the fist day an employee takes FMLA
the next 12- month period would begin the first day FMLA
leave is taken after completion of the prior 12 month period.
Rolling Backward
measured backward form the date an EE uses any FMLA leave.
each time the EE takes FMLA the remaining leave entitlement
would be the balance of the 12 weeks which has not been used
during the immediately preceding 12 months
Calendar Year
Easiest
Jan-Dec
can stack time
ex if EE took oc, nov, dec can take jan, feb and march
James sky diver. Hired 9/1, works 5 days/week. He took vac
Thursday 5/1-friday 5/16(12 days) RTW Mon 5/19
He injures himself spends 2 days in hospital 5/16-5/17
RTW 5/19
Sick on 5/22 out for 14 days RTW Tues 6/11
Which calendar method will result in the end of the 12 month
period soonest?
Fixed Year- using the EE's date of hire 9/1- james 12 month
period will end on 8/31 so he will gain time back on 9/1.
on june 6 EE had no time left b/c his first absence was on 8/3 of
the previous year. which counting method is he using?
SOLUTIONS
ADA interactive process
step 1: recognizing an accommodation
step 2: Gathering information
step 3:Exploring Accommodations Options
step 4:Choosing an Accommodation
Step 5: implementing the accommodation
step 6: monitoring the accommodation
Although EE is the most qualified. The ER has decided not to
offer the position to her b/c they do not want to incur the
expense of building and maintaining an accessible ramp. IN
addition they have never allowed an accountant to work from
home, and they feel that they should not be require to alter the
job description bc of EE disability. is the employer justified in
not offering the job to charisse?
No.
An equal employment opportunity
is the chance to attain the same level of performance or to enjoy
equal benefits and pillages of employment as are available to
average similarly situated employee without a disability.
After a two-week and treatment for depression Mark asks to
return to work on part-time basis. His ER tells him that he can't
RTW until he doesn't require either restriction or
accommodations because they need everyone at full capacity to
,meet an important deadline. Based on these cursory facts, is
Mark likely to succeed if he flies a discrimination charge with
the EEOC?
Yes
A sup is reluctant to give EE who took FMLA for cancer tx
responsibility for a major new project. The Sup fears that the
cancer will return so he chooses to assign the project to someone
else. This is an example of retaliation.
True.
after ordering chair headset and allowing WFH what are the
Next steps for ER?
Engage in discussion with the EE to review the options and put a
written agreement in place to document the action chosen and to
revisit if there are additional concerns.
In oct. Steve tells ER he has to go out on leave dec 23. Steve
gets performance review dec 20 and is put on improvement plan.
Since he already communicated he will be on leave, can the ER
follow company approved performance magmt process?
Yes. EE is not entitled to any greater options around job security
simply for having requested future leave.
ADA
Americans with Disabilities Act (ADA)- gives civil rights
protections to individuals with disabilities similar to those
,provide to induvial on the basis of race, color, sex , national
origin, age and religion. it guarantees equal opportunity for
individuals with disabilities in public accommodations,
employment, transpiration, state and local gov services and
telecommunications.
Applies to ER with 15 or more EEs
Enacted in 1990
Revision ADAAA 2008
Effective 2009
EEOC
Employment Opportunity Commission- civil rights law that
prohibits discrimination against individuals with disabilities in
all areas of public life, including jobs, schools, transportation
and all public and private places that are open to the public.
Fixed Year
any 12 month period such as a fiscal year
Ex: oct 1- sept 30
Ex: a year starting on EE's anniversary date-9/22-9/21
or 12 month period
allows for stacking time will have all 12 weeks restored on the
first day of the new 12 month period regardless of the amt of
time the took in the final months of previous period.
Rolling Forward
, measured forward from the fist day an employee takes FMLA
the next 12- month period would begin the first day FMLA
leave is taken after completion of the prior 12 month period.
Rolling Backward
measured backward form the date an EE uses any FMLA leave.
each time the EE takes FMLA the remaining leave entitlement
would be the balance of the 12 weeks which has not been used
during the immediately preceding 12 months
Calendar Year
Easiest
Jan-Dec
can stack time
ex if EE took oc, nov, dec can take jan, feb and march
James sky diver. Hired 9/1, works 5 days/week. He took vac
Thursday 5/1-friday 5/16(12 days) RTW Mon 5/19
He injures himself spends 2 days in hospital 5/16-5/17
RTW 5/19
Sick on 5/22 out for 14 days RTW Tues 6/11
Which calendar method will result in the end of the 12 month
period soonest?
Fixed Year- using the EE's date of hire 9/1- james 12 month
period will end on 8/31 so he will gain time back on 9/1.
on june 6 EE had no time left b/c his first absence was on 8/3 of
the previous year. which counting method is he using?
