FMLA

1
FMLA ADA QUIZ
2
Disclaimer

• The material contained in this document is
  intended for training purposes only and should be
  used as a guide for implementing the FMLA ADA
  and does not constitute legal advice with respect
  to factual circumstances.

3
Test Your Knowledge of the FMLA the ADA!
4

• 1. Kim has worked for your company for 12 months
  and has always worked 20 hours per week. Based on
  the length of service and hours worked, Kim is
  eligible for FMLA leave.
• True
• False

5

• True is incorrect!
• False is correct!Kim will not be able to satisfy
  the 1,250 hour requirement working only 20 hours
  per week.

6

• 2. FMLA allows employees to take time off to care
  for the following family members with a serious
  health condition
• child, spouse, grandparent
• spouse, grandparent, sibling, child
• child, spouse, parent

7

• "a" is incorrect!
• "b" is incorrect!
• "c" is correct!FMLA allows employees to take
  time off to care for a child, spouse, or parent.

8

• 3. Kim had minor surgery and was required to stay
  in the hospital overnight. This condition caused
  Kim to miss one day of work. Since Kim was back
  to work the following day and required no more
  subsequent doctor's visits, Kim's leave should be
  documented as FMLA leave.
• True
• False

9

• True is correct!Any length of stay in a hospital
  should be handled as FMLA leave.
• False is incorrect!

10

• 4. The ADA requires that all printed material and
  publications that your company produces for
  employees or the public also be distributed in
  Braille.
• True
• False

11

• True is incorrect!
• False is correct!The ADA requires that all
  printed material for employees or the public be
  available in an alternate/accessible format, if
  requested. Braille is only one of the accessible
  formats.

12

• 5. The ADA, Title I, requires extensive
  renovation of all buildings to make them
  accessible.
• True
• False

13

• True is incorrect!
• False is correct!As an employer, your company
  is responsible under Title I of the ADA for
  making facilities accessible to qualified
  applicants and employees with disabilities as a
  reasonable accommodation, unless this would cause
  undue hardship. Accessibility must be provided to
  enable a qualified applicant to participate in
  the application process, to enable a qualified
  individual to perform essential job functions and
  to enable an employee with a disability to enjoy
  benefits and privileges available to other
  employees.

14

• 6. The ADA, Title II, requires extensive
  renovation of all buildings to make them
  accessible.
• True
• False

15

• True is incorrect!
• False is correct!The ADA requires your companys
  programs, not all your buildings, to be
  accessible. "Program accessibility" is a very
  flexible requirement and does not require your
  company to do anything that would result in an
  undue financial or administrative burden. Not
  every building, nor each part of every building
  needs to be accessible. Structural modifications
  are required only when there is no alternative
  available for providing program access.

16

• 7. Your employees must have at least 12 months of
  prior state service and must have worked a
  minimum of 1,250 hours during the previous 12
  months to be considered eligible for FMLA leave.
• True
• False

17

• True is correct!Please note that all that is
  required is total company service and not a
  specific department.
• False is incorrect!12 months of prior company
  service and 1,250 hours worked during the
  previous 12 months are the only two requirements
  for FMLA eligibility.

18

• 8. FMLA leave must be taken in one lump sum
  period of 12 weeks.
• True
• False

19

• True is incorrect!
• False is correct!FMLA leave may be taken
  intermittently.

20

• 9. Kim has a certified chronic medical condition
  that will require being off work for treatments
  one day per week for the next two months. How
  should the leave be documented regarding FMLA?
• a. Kim will not miss more than three consecutive
  days from work therefore, the absences for the
  treatments should not be counted as FMLA leave.
• b. Although Kim will not miss more than three
  consecutive days from work, the condition is
  chronic. The absence should be handled as FMLA
  leave.

21

• "a" is incorrect!
• "b" is correct!Chronic conditions such as this
  may be applied to FMLA leave. Kim's condition was
  certified the absence for treatments of the
  chronic condition in this case may be applied to
  FMLA leave.

22

• 10. FMLA law requires your company to return an
  employee to the exact same position held prior to
  taking FMLA leave.
• True
• False

23

• True is incorrect!
• False is correct!FMLA law states that an
  employee may be returned to the same or an
  equivalent position.

24

• 11. FMLA leave, with your company , begins when
  the employees accrued leave expires.
• True
• False

25

• True is incorrect!
• False is correct!FMLA leave starts when the
  employee begins missing time due to an
  FMLA-related condition. The employees accrued
  leave will run concurrently with any FMLA leave.

26

• 12. The employee would be required to pay their
  normal monthly premium to maintain their health,
  dental vision coverage if they are on unpaid
  FMLA leave for an entire pay period.
• True
• False

27

• True is correct!The employee will still be
  required to pay their monthly premiums if they
  are on unpaid FMLA leave for an entire pay
  period. The employee would not, however, be
  required to pay your company share of the
  premiums.
• False is incorrect!

28

• 13.A full-time employee is entitled to how many
  hours of FMLA leave?
• 340 hours
• 480 hours
• 600 hours
• 1200 hours

29

• "a" is incorrect!
• "b" is correct!12 weeks X 40 hours/week 480
  hour
• "c" is incorrect!
• "d" is incorrect!

30

• 14. If an employee is on workers comp and has an
  FMLA qualifying absence at the same time, and a
  light duty assignment is identified and
  available, the dept may offer the light-duty
  assignment , but they may not require the
  employee to take it.
• True
• False

31

• True is correct!The employee is able to turn
  down favored work or light-duty while on workers
  comp and FMLA. The employees workers comp
  benefit will be stopped and the employee will be
  required to use sick leave, but may substitute
  annual leave, to continue on payroll. The
  employee will not be allow to buy back their
  leave credits in these circumstances.
• False is incorrect!

32

• 15. An employee can no longer perform their
  original position because of a work related
  injury. The ADA requires the department to create
  a new position or bump another employee from
  their position as a reasonable accommodation.
• True
• False

33

• True is incorrect!
• False is correct!The ADA does not require an
  employer to create a new position or to bump
  another employee from their position in order to
  reassign an employee who can no longer perform
  the essential functions of their original
  position, with or without a reasonable
  accommodation.

34

• 16. An FMLA serious health condition is the
  same as an ADA disability.
• True
• False

35

• True is incorrect!
• False is correct!An FMLA serious health
  condition is not necessarily an ADA
  disability. An ADA disability is an impairment
  that substantially limits one or more major life
  activities, a record of such an impairment, or
  being regarded as having such an impairment. Some
  FMLA serious health conditions may be ADA
  disabilities, i.e., cancers and serious
  strokes, and some ADA disabilities, i.e.,
  diabetes and being HIV positive, may be serious
  health conditions.