Deck 14: The Family and Medical Leave Act

Question 1

An employee can take FMLA leave to care for a spouse or an immediate family member (spouse,
parent, or child) who has a serious health condition.

Answer 1

True

Question 2

An employer may have a policy by which an employee can be terminated for alcohol or sub-
stance abuse whether or not the employee is presently taking FMLA leave, so long as the policy
is applied in a nondiscriminatory manner and is clearly communicated to all employees.

Answer 2

True

Question 3

The FMLA was enacted to enable employees to take time off from work to tend to personal or family medical problems without fear of reprisal from their employers.

Answer 3

True

Question 4

An employer is not required to give an employee who is returning from FMLA leave any pay
raises, such as cost of living increases, which the employer has given while the employee was
out on leave.

Question 5

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
The placement of a child with the employee for adoption or foster care.

Question 6

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
The statute of limitations for filing a complaint under FMLA.

Question 7

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
A salaried, FMLA-eligible employee who is among the highest paid 10% of all of the employees
within 75 miles of the employee's work site at the time the employee gives notice of the need for
FMLA leave.

Question 8

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
An example of a serious health condition.

Question 9

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
FMLA leave taken in blocks of time due to a single qualifying reason instead of all 12 weeks in
one continuous period.

Question 10

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
Reinstatement to the same or equivalent position.

Question 11

An employer can retroactively designate an absence as FMLA under certain circumstances.

Question 12

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
The length of time that FMLA records must be retained.

Question 13

Independent contractors count as "employees" under the FMLA.

Question 14

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
An example of a health care provider.

Question 15

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
The number of employees necessary to trigger application of the FMLA.

Question 16

The employer must reinstate an employee who is returning from FMLA leave, even if the
employee has been replaced or his or her position has been restructured to accommodate the
employee's absence.

Question 17

Under the FMLA, covered employers are required to permit eligible employees to take up to 12
weeks of job-protected leave per year.

Question 18

In most instances, care for grandparents, siblings, or in-laws is not included in FMLA coverage,
even if those individuals are dependent upon the employee.

Question 19

Matching
a. heart conditions requiring heart bypass or valve operations
b. an employee's right under the FMLA
c. key employee
d. 50
e. intermittent leave
f. optometrist
g. 12
h. 3 years
i. A valid reason for requesting an FMLA leave
j. within two years of the violation or within three years of a willful violation
The number of weeks of job-protected FMLA leave per year.

Question 20

A nurse practitioner is included as a health care provider under the FMLA.