FMLA Leave
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Questions and Answers

What is the maximum amount of FMLA leave an eligible employee can take for the birth of a child during a 12-month period?

  • 26 weeks
  • 24 weeks
  • 12 weeks (correct)
  • 8 weeks

    • Which of the following is NOT a qualifying reason for taking FMLA leave?

  • Caring for a spouse with a serious health condition
  • Placement of a child for foster care
  • Qualifying exigency leave for military families
  • Caring for a parent-in-law with a serious health condition (correct)

    • How is the 12-month period for measuring FMLA leave calculated by Spring Fire Department?

  • Rolling 12-month period
  • Based on employee's start date
  • Fiscal year
  • Calendar year (correct)

    • If both a husband and wife work for Spring Fire Department and wish to take FMLA leave for the birth of a child, what is the maximum combined leave they can take?

    <p>12 weeks combined</p> Signup and view all the answers

    What is the duration of military caregiver leave under FMLA?

    <p>26 weeks</p> Signup and view all the answers

    Which of the following is included in the circumstances for FMLA leave?

    <p>Child care and school activities</p> Signup and view all the answers

    Which of the following statements about calculating the amount of FMLA leave is true?

    <p>Leave for circumstance 1 counts towards the 12 weeks available.</p> Signup and view all the answers

    Which of the following scenarios qualifies for qualifying exigency leave under FMLA?

    <p>Taking leave while a family member is deployed</p> Signup and view all the answers

    What is the maximum duration of FMLA leave an employee may take?

    <p>12 workweeks</p> Signup and view all the answers

    What is the maximum combined leave time that a husband and wife can take from Spring Fire Department to care for a covered service member?

    <p>26 weeks</p> Signup and view all the answers

    What will happen if an employee chooses not to return to work after their FMLA leave for reasons not related to health?

    <p>They must reimburse the health insurance premium costs.</p> Signup and view all the answers

    What is required of an employee taking FMLA leave for their own serious health condition?

    <p>Use all accrued paid leave</p> Signup and view all the answers

    Which type of leave does NOT qualify for substitution under FMLA?

    <p>Unpaid leave</p> Signup and view all the answers

    How does Spring Fire Department handle health benefits during paid leave for employees?

    <p>Health benefits continue at the same level as if the employee were working.</p> Signup and view all the answers

    What must happen if an employee's health care premium payment is more than 30 days late during leave?

    <p>The employee's health care coverage may be dropped.</p> Signup and view all the answers

    Under which circumstance can FMLA leave be taken intermittently?

    <p>For planned medical treatments or recovery</p> Signup and view all the answers

    What may happen when an employee is taking intermittent leave?

    <p>The employee may be transferred to an alternative position</p> Signup and view all the answers

    If an employee is on unpaid leave, how must they continue to pay for their health care premiums?

    <p>They must continue payments in person or by mail.</p> Signup and view all the answers

    What is required from an employee upon returning from FMLA leave?

    <p>A fitness for duty clearance from a healthcare provider.</p> Signup and view all the answers

    Which of the following is NOT a form of leave that must be substituted for FMLA leave?

    <p>Maternity leave</p> Signup and view all the answers

    What happens to accrued paid leave when an employee takes FMLA leave?

    <p>It runs concurrently with unpaid FMLA leave</p> Signup and view all the answers

    What happens if an employee does not continue payment for life insurance or disability plans during unpaid leave?

    <p>Coverage may be discontinued.</p> Signup and view all the answers

    During paid leave, how are deductions for healthcare premiums handled by Spring Fire Department?

    <p>Payroll deductions continue to collect the employee's share.</p> Signup and view all the answers

    When can an employee opt to take reduced work schedules under FMLA?

    <p>For foreseeable events like surgeries</p> Signup and view all the answers

    What must an employee do to take intermittent leave for the birth, adoption, or foster care of a child?

    <p>Mutually agree on the schedule with the Spring Fire Department.</p> Signup and view all the answers

    Within what time frame must leave for birth, adoption, or foster care be taken?

    <p>Within one year of the birth or placement.</p> Signup and view all the answers

    What is required from an employee when asked for certification of their serious health condition?

    <p>Certification must be provided within 15 days of the request.</p> Signup and view all the answers

    What may happen if an employee fails to provide the required medical certification?

    <p>Their continuation of leave may be denied.</p> Signup and view all the answers

    What does the Spring Fire Department have the right to request when there are doubts about medical certification?

    <p>A second opinion from a doctor of their choosing.</p> Signup and view all the answers

    Who may Spring Fire Department contact to verify a health care provider's certification?

    <p>A designated leave administrator.</p> Signup and view all the answers

    What is required from the employee before the Spring Fire Department makes direct contact with the health care provider?

    <p>They must grant permission to share medical information.</p> Signup and view all the answers

    What happens if there is a conflict between the original medical certification and a second opinion?

    <p>The Spring Fire Department will request a third opinion.</p> Signup and view all the answers

    What must an employee do in response to a request for certification of qualifying exigency for military family leave?

    <p>Respond within 15 days or explain the delay.</p> Signup and view all the answers

    How often can Spring Fire Department request recertification for a serious health condition?

    <p>Every 30 days only if significant changes occur.</p> Signup and view all the answers

    What should an employee provide when the need for FMLA leave is foreseeable?

    <p>At least 30 days' notice to the HR Director.</p> Signup and view all the answers

    What may happen if an employee fails to provide required certification for military family leave?

    <p>They may face denial of continuation of leave.</p> Signup and view all the answers

    What form must be used for certification of qualifying exigency for military family leave?

    <p>DOL Certification of Qualifying Exigency for Military Leave.</p> Signup and view all the answers

    In which circumstance is Spring Fire Department allowed to request recertification every six months?

    <p>In association with a FMLA absence.</p> Signup and view all the answers

    What happens within five business days after an employee notifies HR of the need for FMLA leave?

    <p>HR completes and provides a DOL Notice of Eligibility and Rights.</p> Signup and view all the answers

    What is required for an employee to deny a request for leave without supplying certification?

    <p>Providing a reasonable explanation for the delay.</p> Signup and view all the answers

    Study Notes

    FMLA Leave

    • Purpose: The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for certain family and medical reasons.
    • Eligible Employees: Employees who have worked for Spring Fire Department for at least 12 months and at least 1,250 hours in the previous 12 months.
    • Exclusions: Hours of leave taken for other reasons, such as vacation, personal leave, sick leave or workers' compensation, are not included in the 1,250 hours requirement.
    • Leave Reasons:
      • Birth of a child and care for the child.
      • Placement of a child for adoption or foster care and care for the newly placed child.
      • Care for a spouse, child, or parent with a serious health condition.
      • Employee's own serious health condition.
      • Qualifying exigency leave for families of military members on active duty.
      • Military caregiver leave to care for an injured or ill service member or veteran.
      • Child care and school activities.
      • Post-deployment activities.
      • Additional activities related to active duty with employer and employee agreement.
    • Leave Duration:
      • General FMLA Leave: Up to 12 weeks during any 12-month period (measured by the calendar year).
      • Military Caregiver Leave: Up to 26 weeks during a rolling 12-month period (measured forward from the first day of leave).
      • Combined Leave for Spouses: A combined total of 12 weeks is allowed for spouses taking leave for birth, adoption, foster care, or care for a parent.
      • Combined Military Caregiver Leave: A combined total of 26 weeks is allowed for spouses taking military caregiver leave.
    • Benefits During Leave:
      • Spring Fire Department will continue the employee's health benefits during the FMLA leave period, with the employee paying their share of premiums.
      • Premium payments must be made by the last day of each month. Late payments may result in loss of coverage.
      • Life insurance and disability plan premiums will continue to be deducted during paid leave.
      • During unpaid leave, the employee may request a continuation of these benefits and pay premiums or Spring Fire Department may choose to maintain coverage and pay the premiums.
    • Employee Status After Leave:
      • An employee may be required to provide a fitness for duty clearance from a health care provider.
      • Generally, employees will return to the same position or a similar one, with equivalent pay, benefits, and other employment terms.
      • Spring Fire Department may exempt certain key employees from this requirement.
    • Paid Leave Substitute:
      • Spring Fire Department will substitute accrued paid leave for unpaid FMLA leave.
      • All accrued vacation, personal, or sick leave must be used if the reason for leave is the employee's own serious health condition or the serious health condition of a family member.
      • Workers' compensation leave, if applicable, will be designated as FMLA leave.
      • All accrued vacation and personal leave must be used for the adoption or foster care of a child, military FMLA leave for a qualifying exigency and military caregiver leave.
    • Intermittent Leave:
      • FMLA leave can be taken in 12 consecutive weeks, intermittently, or with a reduced work schedule.
      • The total leave duration cannot exceed 12 weeks (or 26 weeks for military caregiver leave).
      • Spring Fire Department may temporarily transfer an employee to an alternative position with equivalent pay and benefits if the alternative position better accommodates the intermittent or reduced schedule, especially in instances of planned medical treatment.
      • For birth, adoption, or foster care of a child, Spring Fire Department and the employee must agree on the schedule before intermittent leave or a reduced schedule can be used.
      • Leave for birth, adoption, or foster care must be taken within one year of the birth or placement.
      • Medical necessity must be shown for intermittent leave or a reduced schedule for serious health conditions of the employee or family member.

    FMLA Certifications

    • Employee Serious Health Condition:
      • Spring Fire Department requires certification for an employee's serious health condition.
      • Medical certification must be provided using the Department of Labor (DOL) Certification of Health Care Provider for Employee’s Serious Health Condition.
      • Spring Fire Department may contact the employee's health care provider for verification or clarification.
      • Before contacting the health care provider, the employee will have an opportunity to resolve any deficiencies in the medical certification.
      • Permission will be obtained from the employee for the release of individually identifiable health information, in accordance with HIPAA Medical Privacy Rules.
      • A second opinion may be requested by Spring Fire Department if they doubt the medical certification.
      • Spring Fire Department will pay for the employee to get a second or third opinion.
      • Refusal to release relevant medical records for a second or third opinion may result in denial of leave.
    • Qualifying Exigency for Military Leave:
      • Certification is required for qualifying exigency leave, using the DOL Certification of Qualifying Exigency for Military Leave.
    • Serious Injury or Illness of Covered Service Member for Military Family Leave:
      • Certification is required for military family leave for a serious injury or illness of a covered service member, using the DOL Certification of Qualifying Exigency for Military Family Leave.
    • Recertification:
      • Spring Fire Department may request recertification for an employee's serious health condition or family member's if circumstances have changed significantly, if information casts doubt on the reason for absence, or if the employee seeks an extension of leave.
      • Recertification may also be requested every six months for the employee or family member's serious health condition.
      • Spring Fire Department may provide the employee's health care provider with the employee's attendance records to determine if the need for leave is consistent with the serious health condition.
    • Requesting Leave:
      • Employees must provide verbal or written notice of the need for leave to the HR Director.
      • The HR Director will complete and provide the employee with the DOL Notice of Eligibility and Rights within five business days.
      • At least 30 days' notice is required for leave when it is foreseeable.

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    Related Documents

    Spring Fire Department FMLA Policy PDF

    Description

    Test your knowledge of the Family and Medical Leave Act (FMLA) and its provisions. This quiz covers eligibility criteria, reasons for leave, and specifics related to employees at the Spring Fire Department. Learn about the various circumstances under which employees can take unpaid, job-protected leave.

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