Family & Medical Leave Act (FMLA) (Hard)

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Questions and Answers

What is the maximum duration of family or medical leave available to eligible employees under this policy?

8 weeks

12 weeks (correct)

16 weeks

26 weeks

Which of the following conditions does NOT contribute to eligibility for family or medical leave?

The employee has worked at least 1,250 hours in the previous 12 months.

The employee's previous employment was not consecutive.

The employee has taken a leave of absence in the past. (correct)

The employee has worked for the department for 12 months.

How does the policy count separate periods of employment for the purpose of determining eligibility?

Periods of less than seven years without military obligations count.

Periods exceeding seven years without specific reasons are not counted. (correct)

All breaks in service are ignored.

Only consecutive employment counts.

In the context of FMLA, how are hours worked defined according to the Fair Labor Standards Act (FLSA)?

They exclude any time taken on unpaid leave. Signup and view all the answers

What is the role of the Human Resources Department in relation to the FMLA policy?

They administer the FMLA policy. Signup and view all the answers

Which statement about eligibility breaks in service according to the policy is true?

Written agreements regarding rehiring can affect eligibility. Signup and view all the answers

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

All rights required by law will be honored. Signup and view all the answers

Which of the following statements about military caregiver leave is accurate?

It can extend to a maximum of 26 weeks. Signup and view all the answers

What must an employee substitute for unpaid FMLA leave when taking leave for their own serious health condition?

All accrued paid leave, including vacation, personal, and sick leave Signup and view all the answers

Which scenario allows an employee to use FMLA leave intermittently?

Taking days off periodically when needed over the year Signup and view all the answers

In which case may the Spring Fire Department temporarily transfer an employee to an alternative position?

When the leave is foreseeable and related to planned medical treatment Signup and view all the answers

What is the maximum amount of workweeks an employee can use for military caregiver leave under FMLA?

26 workweeks Signup and view all the answers

Which of the following is NOT a reason for which an employee must substitute accrued paid leave for FMLA leave?

Participating in a workplace training Signup and view all the answers

What is the policy for exempting employees in terms of FMLA leave according to the Spring Fire Department?

Certain key employees may be exempted from returning to the same or similar position Signup and view all the answers

What kind of leave runs concurrently with FMLA leave if it qualifies?

Workers' compensation leave Signup and view all the answers

When an employee is taking FMLA leave for a qualifying exigency, what type of leave must they substitute?

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

What is the maximum combined leave that a husband and wife working for Spring Fire Department can take to care for an injured or ill service member?

26 weeks Signup and view all the answers

What will happen if an employee does not return to work for reasons other than health conditions?

The employee needs to repay the health insurance premiums paid during the leave. Signup and view all the answers

How must an employee on unpaid leave make their healthcare premium payments?

In person or by mail. Signup and view all the answers

What notification will Spring Fire Department provide if an employee's health care coverage may be dropped?

15 days' notification. Signup and view all the answers

What can an employee request while on unpaid leave regarding life insurance or disability benefits?

A continuation of benefits and to pay their portion of the premiums. Signup and view all the answers

Under what condition may Spring Fire Department discontinue coverage during an employee's leave?

If the employee does not continue premium payments. Signup and view all the answers

What is required from an employee returning from leave under this policy?

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

If an employee fails to pay their portion of the healthcare premium for more than 30 days during unpaid leave, what may happen?

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

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

The employee must mutually agree with the department on a schedule. Signup and view all the answers

What is the maximum time allowed to provide a response to Spring Fire Department's request for medical certification?

15 days Signup and view all the answers

Which document is required by Spring Fire Department for medical certification of an employee's serious health condition?

Department of Labor Certification of Health Care Provider Signup and view all the answers

What action may Spring Fire Department take if there is doubt regarding the medical certification provided by the employee?

Require a second opinion at their expense. Signup and view all the answers

Under what circumstance can Spring Fire Department deny FMLA leave?

If the employee denies access to their medical records for a second opinion. Signup and view all the answers

What rights does Spring Fire Department have concerning medical certifications?

To directly contact the health care provider for clarification. Signup and view all the answers

What opportunity is provided to employees before Spring Fire Department directly contacts their healthcare provider?

An opportunity to resolve any deficiencies in the medical certification. Signup and view all the answers

What will happen if an employee provides insufficient medical certification?

The leave may be denied if requested certification is not completed. Signup and view all the answers

What is the time frame in which an employee must respond to a request for certification of qualifying exigency for military family leave?

15 days Signup and view all the answers

Under what circumstance can the Spring Fire Department request recertification for the serious health condition of an employee's family member?

Every 30 days when circumstances have changed significantly Signup and view all the answers

What document must the employee provide for certification of serious injury or illness of a covered service member?

DOL Certification of Serious Injury or Illness Signup and view all the answers

How frequently can the Spring Fire Department request recertification for the serious health condition of an employee or their family member, in connection with an FMLA absence?

Every six months or when circumstances change Signup and view all the answers

What action is required from the HR Director once an employee has provided notice for FMLA leave?

Complete the DOL Notice of Eligibility and Rights Signup and view all the answers

What potential consequence does an employee face for failing to provide the required certification for military family leave?

Denial of continuation of leave Signup and view all the answers

Which of the following forms must employees use to certify qualifying exigency for military leave?

WH-384 Form Signup and view all the answers

What is the minimum notice period required from an employee when the need for FMLA leave is foreseeable?

30 days Signup and view all the answers

Study Notes

Purpose & Administration

Spring Fire Department complies with Family and Medical Leave Act (FMLA) and its regulations.
Spring Fire Department will post the mandatory FMLA Notice and provide new hires with notices required by the U.S. Department of Labor (DOL) on employee Rights and Responsibilities under FMLA.
Human Resources Department administers the policy.

Eligibility

Eligible employees receive up to 12 weeks of FMLA (or up to 26 weeks for military caregiver leave).
Leave can be paid, unpaid, or a combination.
To qualify for FMLA, employees must:
- Have worked for Spring Fire Department for at least 12 months (52 weeks) within the past seven years.
- Have worked at least 1,250 hours during the 12 months immediately before the leave request.
- If both spouses work for Spring Fire Department and require leave to care for a covered service member, they can only take a combined total of 26 weeks.

Employee Status & Benefits

Spring Fire Department continues health benefits at the same level during FMLA leave.
If an employee chooses not to return to work, they may be required to reimburse health insurance premiums paid during the leave.
Employee contributions to health care, life insurance, and disability plans are deducted from payroll during paid leave.
During unpaid leave, employees are responsible for premium payments to maintain these benefits.

Employee Status After Leave

Spring Fire Department may require a fitness for duty (FFD) clearance from a health care provider before returning to work.
Employees typically return to the same or an equivalent position.
Spring Fire Department can exempt key employees from this requirement.

Paid & Unpaid Leave

Accrued paid leave (vacation, personal, sick) can substitute for unpaid FMLA leave.
Workers' compensation leave, if qualified, is designated as FMLA leave.

Intermittent Leave & Reduced Schedules

Leave can be taken in 12 consecutive weeks, intermittently, or with a reduced work schedule.
Leave can not exceed 12 weeks (26 weeks for military caregiver leave) over a 12-month period.
Spring Fire Department can temporarily transfer an employee to an alternative position with equivalent pay and benefits to accommodate intermittent leave or reduced schedules.
For birth, adoption, or foster care of a child, the schedule must be mutually agreed upon.
Intermittent leave for a serious health condition (employee or family member) requires medical necessity documentation.

Certifications

Spring Fire Department requires certification for an employee's serious health condition.
- The employee must provide certification within 15 days or explain any delay.
- Certification is completed using the Department of Labor (DOL) Certification of Health Care Provider for Employee's Serious Health Condition form.
- Spring Fire Department can contact the employee's health care provider for verification or clarification.
- Spring Fire Department can request a second or third medical opinion, at its expense, if they doubt the initial certification.
Spring Fire Department requires certification for qualifying exigencies for military leave.
- The employee must provide this certification within 15 days or explain any delay.
- Certification is completed using the DOL Certification of Qualifying Exigency for Military Leave form.
Spring Fire Department requires certification for the serious injury or illness of a covered service member for military family leave.
- The employee must provide this certification within 15 days or explain any delay.
- Certification is completed using the DOL Certification of Qualifying Exigency for Military Leave form.

Recertification

Spring Fire Department can request recertification every 30 days when circumstances have changed, or if the employer doubts the reason for absence.
Recertification is requested every six months for an FMLA absence.
Spring Fire Department can provide the employee's attendance records to the healthcare provider and ask if the leave is consistent with the employee's serious health condition.

Requesting FMLA Leave

Employees must notify the HR Director of their need for FMLA leave verbally or in writing.
The HR Director will complete and provide the DOL Notice of Eligibility and Rights within five business days.
For foreseeable leave, employees must give at least 30 days' notice.

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Description

Test your knowledge on the Family and Medical Leave Act (FMLA) as it applies to Spring Fire Department employees. This quiz covers eligibility requirements, leave benefits, and the administration of the FMLA policy. Make sure you understand your rights and responsibilities under this important regulation.