Family & Medical Leave Act(FMLA) (medium)

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Questions and Answers

What is the maximum duration of family or medical leave that employees can take in a 12-month period?

16 weeks

12 weeks (correct)

26 weeks for military caregiver leave (correct)

8 weeks

Which of the following is NOT a requirement for an employee to be eligible for FMLA leave?

Employee must have worked at least 1,250 hours in the past year

Employee must have been a full-time staff member for the entire period (correct)

Employee must be employed for 52 weeks, which may not be consecutive

Employee must have worked for 12 months

What determines the number of hours worked by an employee according to the FMLA eligibility criteria?

Total hours worked in previous years

Hours recorded during paid leave only

Principles established under the Fair Labor Standards Act (FLSA) (correct)

Maximum hours set by the employer

If an employee takes unpaid leave, how will it affect their eligibility for FMLA leave?

It does not affect eligibility and is counted Signup and view all the answers

How often will the Spring Fire Department post the mandatory FMLA Notice?

Upon employee's hiring and as needed thereafter Signup and view all the answers

What happens if there is a conflict between the FMLA policy and applicable law?

Employees will retain all rights required by law Signup and view all the answers

Which statement is true regarding periods of employment for eligibility?

Periods of employment can be non-consecutive if within 7 years Signup and view all the answers

In which situation can breaks in service be counted towards FMLA eligibility?

If there is a written agreement regarding rehire Signup and view all the answers

What is the maximum amount of FMLA leave an eligible employee can take for circumstances (1) through (5)?

12 weeks Signup and view all the answers

Which of the following is NOT a reason for taking FMLA leave under the policy?

Vacation leave Signup and view all the answers

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

Calendar year from January 1st to December 31st Signup and view all the answers

If both a husband and wife are employed at Spring Fire Department and want to take leave for the birth of a child, what is the maximum total weeks they can take combined?

12 weeks Signup and view all the answers

What is the maximum amount of FMLA leave an eligible employee can take for military caregiver leave?

26 weeks Signup and view all the answers

Which family member is NOT included in the eligible categories for FMLA leave?

Parent-in-law Signup and view all the answers

Which of the following activities can be covered under FMLA leave according to the policy?

Post-deployment activities Signup and view all the answers

What is the time frame for calculating the leave taken under military caregiver leave?

Rolling 12-month period measured forward Signup and view all the answers

What is the maximum total leave time that a husband and wife can take together to care for a covered injured or ill service member?

26 weeks Signup and view all the answers

What happens if the employee does not return to work for reasons other than a serious health condition?

The employee must reimburse the employer for health insurance premiums. Signup and view all the answers

How should an employee continue to make health care premium payments while on unpaid leave?

By mail or in person. Signup and view all the answers

What is the consequence of a health care premium payment being more than 30 days late?

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

What must an employee provide upon return from leave under this policy?

A fitness for duty clearance. Signup and view all the answers

What notification does Spring Fire Department provide prior to an employee's potential loss of coverage?

15 days Signup and view all the answers

If Spring Fire Department opts to maintain benefits during an employee's unpaid leave, what may they do?

Recover costs for the premium payments at any time. Signup and view all the answers

What will happen if an employee pays a portion of their health care premium while on paid leave?

Payroll deductions will continue. Signup and view all the answers

What is the maximum duration of FMLA leave an employee can take for their own serious health condition?

12 workweeks Signup and view all the answers

Under what conditions can an employee use FMLA leave intermittently?

For planned medical treatment Signup and view all the answers

What type of leave will run concurrently with unpaid FMLA leave?

Workers' compensation leave Signup and view all the answers

When employees take FMLA leave for the adoption of a child, what must they substitute?

Accrued vacation and personal leave Signup and view all the answers

Can Spring Fire Department choose not to return key employees to their previous position after FMLA leave?

Yes, if the employee is a key employee Signup and view all the answers

What must an employee taking military FMLA leave do with their accrued leave?

Substitute all accrued vacation and personal leave Signup and view all the answers

What are the benefits of temporarily transferring an employee on FMLA leave to an alternative position?

It accommodates intermittent or reduced schedules Signup and view all the answers

Which leave type will not run concurrently with unpaid FMLA leave?

Mandatory leave Signup and view all the answers

What must an employee do upon receiving a request for certification of a family member's serious health condition?

Respond within 15 days or explain the delay. Signup and view all the answers

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

Their continuation of leave may be denied. Signup and view all the answers

Who can Spring Fire Department contact for verification or clarification regarding a family member's serious health condition?

A health care provider or HR professional. Signup and view all the answers

Under what condition will Spring Fire Department pay for an employee's family member to get a certification from a second doctor?

If there is doubt about the initial certification. Signup and view all the answers

What is required before Spring Fire Department makes direct contact with a health care provider?

The employee will have an opportunity to resolve any deficiencies. Signup and view all the answers

Who selects the third doctor if a conflict arises between the original certification and the second opinion?

Spring Fire Department and the employee together. Signup and view all the answers

What must the family member do for Spring Fire Department to clarify health information?

Sign a permission agreement for relevant medical records. Signup and view all the answers

What status does the employee have pending the second or third opinion regarding leave under FMLA?

The employee is provisionally entitled to leave and benefits. Signup and view all the answers

Study Notes

FMLA Policy Purpose

Spring Fire Department will comply with the Family and Medical Leave Act (FMLA) and its regulations.
Spring Fire Department will post the mandatory FMLA Notice and provide new employees with notices from the U.S. Department of Labor (DOL).
This policy outlines FMLA rights for employees.
If this policy conflicts with applicable law, employees will be afforded all rights required by law.
The Human Resources Department administers the policy.

FMLA Eligibility

To qualify for FMLA leave, employees must have worked for Spring Fire Department for at least 12 months or 52 weeks, regardless of whether they were consecutive.
The employee must have worked at least 1,250 hours during the 12-month period immediately before the requested leave.

FMLA Leave Types

An eligible employee can take up to 12 weeks of leave during a calendar year for the following:
- The birth of a child and to care for the child.
- The placement of a child for adoption or foster care and to care for the child.
- To care for a spouse, child, or parent with a serious health condition.
- The employee's serious health condition.
- Qualifying exigency leave for families of military members.
- 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.

FMLA Leave Amount

An eligible employee can take up to 12 weeks of FMLA leave for reasons other than military caregiver leave.
The 12-month period for leave is calculated by the calendar year.
FMLA leave taken for other FMLA circumstances will be deducted from the total available leave.
An eligible employee can take up to 26 weeks of leave for military caregiver leave during a rolling 12-month period.
For a spouse and wife both working for Spring Fire Department, they can collectively take a maximum of 12 weeks for reasons other than military caregiver leave.
If a husband and wife both work for Spring Fire Department, they can collectively take up to 26 weeks of leave for military caregiver leave.

Employee Status and Benefits During Leave

While an employee is on FMLA leave, Spring Fire Department will continue the employee's health benefits, at the same level and under the same conditions as if they had continued to work.
If an employee chooses not to return to work for reasons other than a serious health condition, Spring Fire Department may require them to reimburse for health insurance premiums paid during the leave period.
Spring Fire Department will continue payroll deductions for health care premiums while an employee is on paid leave.
An employee on unpaid leave must continue to make premium payments, either in person or by mail, by the last day of each month.
If payments are more than 30 days late, the employee's health care coverage may be dropped.
Spring Fire Department will provide 15 days' notice before an employee's coverage is dropped.
Spring Fire Department will continue making payroll deductions for life insurance and disability premiums while the employee is on paid leave.
While the employee is on unpaid leave, they can request a continuation of such benefits and pay their portion of the premiums, or Spring Fire Department may choose to continue these benefits and pay the employee's share.
If the employee does not continue the payments, Spring Fire Department may discontinue coverage during leave.
If Spring Fire Department maintains coverage, they may recover costs incurred for paying the employee's share of any premiums.

Employee Status After Leave

An employee taking FMLA leave may be asked to provide a fitness for duty (FFD) clearance.
Employees who take FMLA leave will generally be able to return to the same position or a position with equivalent status, pay, benefits, and other employment terms.
Spring Fire Department may choose to exempt certain key employees from this requirement.

Paid and Unpaid Leave

Spring Fire Department will allow the substitution of accrued paid leave for unpaid FMLA leave.
An employee taking FMLA leave due to their serious health condition or the serious health condition of a family member must substitute all accrued paid vacation, personal, or sick leave.
Workers' compensation leave will be designated as FMLA leave and will run concurrently with FMLA.
An employee taking FMLA leave for adoption or foster care must substitute all accrued paid vacation and personal leave for FMLA leave.
Employees taking military FMLA leave for a qualifying exigency must substitute all accrued vacation and personal leave for FMLA leave.
Employees using military FMLA leave for military caregiver leave must substitute all accrued paid vacation and personal leave for FMLA leave.

Intermittent Leave or Reduced Work Schedule

An employee may take FMLA leave in 12 consecutive weeks, intermittently, or reduce their workweek or workday.
The total leave may not exceed 12 workweeks (or 26 workweeks for military caregiver leave).
Spring Fire Department may temporarily transfer an employee to an alternative position with equivalent pay and benefits to accommodate intermittent leave or reduced schedule.

Certification for Family Member's Serious Health Condition

Spring Fire Department will require certification for the serious health condition of a family member.
The employee must respond to requests for certification within 15 days or provide a reasonable explanation for the delay.
Failure to provide certification may result in a denial of leave continuation.
Medical certification must be provided using the DOL Certification of Health Care Provider for Family Member's Serious Health Condition form.
Spring Fire Department may contact the employee's family member's health care provider for verification or clarification with a health care professional, HR professional, leave administrator, or management official.
Spring Fire Department will not use the employee's direct supervisor for this contact.
Before making contact with the health care provider, the employee will be given an opportunity to resolve any deficiencies in the medical certification.
Spring Fire Department will obtain the employee's family member's permission for clarification of individually identifiable health information in compliance with HIPAA Medical Privacy Rules.
Spring Fire Department has the right to ask for a second opinion if they have reason to doubt the certification.
Spring Fire Department will pay for a second opinion from a doctor chosen by Spring Fire Department.
Spring Fire Department may deny FMLA leave if the family member refuses to release relevant medical records to the designated health care provider for the second or third opinion.
If necessary to resolve a conflict between the original certification and the second, Spring Fire Department will require a third opinion.
Spring Fire Department and the employee will mutually select a third doctor, and Spring Fire Department will pay for the opinion.
The third opinion will be considered final.
The employee will be provisionally entitled to leave and benefits under FMLA pending second or third opinions.

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Description

This quiz covers the key aspects of the Family and Medical Leave Act (FMLA) as enforced by the Spring Fire Department. It includes information on eligibility, leave types, and rights under the policy, ensuring employees understand their entitlements. Test your knowledge of FMLA regulations and how they apply to the workplace.