4.1.6 - Family Medical Leave Act (FMLA) Flashcards
It is the policy of the Sheriff to apply the ______________used to interpret and apply benefits under FMLA
US Department of Labor regulations
Federal legislation that provides guidelines mandating employers to grant leave for employees meeting specific criteria.
Family Medical Leave Act ( FMLA)
An illness injury impairment or physical or mental condition that involves:
Inpatient care in hospital, hospice, or residential care facility
Continuing treatment by a Health care provider
A period of incapacitation requiring an absence of more than three consecutive days from work or other regular activities
Serious Health Condition
A serious health condition which includes:
- Periodic visits for treatment
- Incapacitation which continues over an extended period of time.
- Episodic periods rather than a continuing period of incapacitation
Chronic Serious Health Condition
G.O.4.1.6 (3C)
a serious health condition which includes:
1. Periodic visits for treatment.
2. Incapacitation which continues over an extended period of time.
3. Episodic periods rather than a continuing period of incapacitation.
Who shall prepare an “employer’s response notice” that will be forwarded to the requesting employee and will advise of his or her eligibility and provide specific conditions of the leave
Director of human resources or designee
Immediate supervisor
Risk management supervisor
Division commander
Risk management supervisor
The risk management supervisor shall prepare the “employer’s response notice” the notice shall be forwarded to requesting employee and will advise of his or her eligibility and provide specific conditions of the leave. The decision of the director of human resources or designees shall be final
Who shall review applicable policy or statue to determine the appropriate action to be taken upon an employee’s return to work from FMLA leave, If the employee is no longer qualified for the position due to a qualifying medical factors meeting ADA or medical placement criteria?
Legal
Director of human resources or designee
Division commander
Risk Manager
Director of human resources or designee
Upon return to work from FML A leave, if the employee is no longer qualified for the position due to qualifying medical factors meeting ADA or medical placement criteria the applicable policy or statue it shall be reviewed by the director of human resources or designee to determine the appropriate action to be taken.
Chronic serious health condition is a serious health condition which includes all of the following except:
Periodic visits for treatment
Episodic periods Rather than a continuing period of incapacitation
Incapacitation which continues over an extended period of time
Any period of incapacitation due to pregnancy or prenatal care
Any period of incapacitation due to pregnancy or prenatal care
An employee may be required to use sick, compensatory and/or vacation leave during FMLA if he/she fails to elect an option
True
False
True
While FMLA does not require the employer to pay wages or salary to employee during leave, compensation may be provided as follows:
A. Eligible personnel may elect to substitute a combination of or use of all accrued vacation, compensatory, sick, or unpaid leave for any part of the 12 weeks taken under this policy.
B. If not elected by the employee, the agency may require the use of sick, compensatory and/or vacation leave.
If as a result of the leave, an employee is no longer qualified for the position because of the employee’s inability to attend a necessary course or renew a license, the employee will be required to seek a new position and pass the transfer review board.
True
False
FALSE
If as a result of the leave, an employee is no longer qualified for the position because of the employee’s inability to attend a necessary course or renew a license, the employee shall be given a reasonable opportunity to fulfill those conditions.
If the employee does not ultimately return to work, the sheriff is not entitled to recover the premium amount paid by the agency for health, life and disability coverage during the leave.
True
False
FALSE
Upon return from a serious medical health condition that required FMLA leave; what must an employee obtain?
Authorization from Division Commander
Authorization from immediate supervisor
Authorization from Risk Management
Authorization from their healthcare provider
Certification from their healthcare provider
Upon returning from leave the employee must obtain certification from their healthcare provider that he/she is able to return to work. If he/she fails to do so employee may be terminated
Healthcare provider includes all of the following except:
A doctor of medicine or osteopathy, podiatrist, dentist
Chiropractors, herbologists, licensed massage therapists
Nurse-midwives, social workers, and Christian Science practitioners
Clinical psychologist, optometrist and chiropractors, nurse practitioners.
Chiropractors, herbologists, licensed massage therapist
FMLA requires the employer to pay wages or salary to an employee during the leave
True
False
FALSE
While the FMLA does not require the employer to pay wages or salary to an employee during the leave, compensation may be provided as follows
Who approves taking FMLA intermittently or on a leave schedule?
UnderSheriff
Director of human Resources or designee
Immediate Supervisor
Division Commander
Director of Human Resources or designee
Who is responsible for documenting the employee’s use of FMLA on the employee’s time sheet?
Division Commander
Immediate supervisor
The employee
Risk Management Supervisor
Immediate Supervisor
The employee’s supervisor shall document the employee’s use of FMLA on the employee’s time sheet. The Risk Management supervisor shall maintain a log of the FMLA time used by employees during the fiscal year.
Employees may use accrued sick, vacation, and compensatory leave to increase the total leave period of 12 weeks.
True
False
FALSE
Employees may not use accrued sick, vacation, and compensatory leave to increase the total leave period of 12 weeks provided in this policy
During unpaid FMLA, the following benefits will continue to accrue EXCEPT:
Retirement
Disability insurance
Life insurance
Health insurance
Retirement
Other than health, life and disability benefits, coverage for other benefit (e.g., retirement, accrual of sick and vacation leave etc.) will not continue to accrue during a period of unpaid leave
Who is responsible for maintaining a log of the FMLA time used by employees during the fiscal year?
Immediate supervisor
Director of human resources or designee
Risk management supervisor
Division commander
Risk Management supervisor
The employee’s supervisor shall document the employee’s use of FMLA on the employee’s time sheet. A copy of the time sheet shall be forwarded to the Risk management supervisor. The Risk management supervisor shall maintain a log of the FMLA time used by employees during the fiscal year
An employee who fails to follow policy when returning from FMLA leave can receive the following discipline
Termination
Counseling
Suspensions
Demotion / docked pay
Termination
Upon return from leave the employee must obtain certification from their healthcare provider that he/she is able to return to work. If he/she fails to do so the employee may be terminated.
Under FMLA, personnel who have been employed for at least twelve (12) months and who have worked at least 1,250 hours during the preceding twelve (12) months are entitled to how many workweeks of leave w/o wages or salary during each twelve (12) month period following eligibility?
12 workweeks
Federal legislation provides guidelines mandating employers to grant leave for employee meeting specific criteria using what type of leave?
Compensatory leave
Sick leave
Annual leave
Family Medical Leave Act (FMLA)
Family medical leave act (FMLA)
When requesting for leave under FMLA because of Serious Health/Chronic serious Health Condition; intermittent and reduced schedule shall only be authorized when?
It’s approved by immediate supervisor
It’s approved by the undersheriff
It’s approved by the division commander
It’s medically necessary
Medically necessary
Serious Health/Chronic serious health condition leave: intermittent and reduced schedule leave with a serious health condition shall only be authorized when medically necessary
Supervisors are not required to confirm their employees have submitted FMLA requests for any approved leave which would qualify under FMLA.
True
False
FALSE
Supervisors shall confirm their employees have submitted FMLA Request for any approved leave which would qualify under FMLA. Supervisors aware of an employee’s desire to take the type of leaves falling under the guidelines of FMLA are responsible for submitting the appropriate documentation to the risk management supervisor if the employee has not submitted a FMLA request to the Director of Human Resources or designee
Sick leave taken may be considered as part of an employee’s FMLA leave for that particular twelve month period, regardless of whether or not the employee requested FMLA
True
False
True
If both husband and wife are employed by the agency, they are limited to a combined total of FMLA of ___________ weeks leave during the twelve (12) month period if the leave is taken for the birth, adoption or Foster care placement of a child of the employee; attendant care of the child during the first twelve (12) month after the birth, adoption or foster care placement; or care for employee’s parent with a serious health condition
20
24
16
12
12
Notice requirements for FMLA, except in circumstances, the employee must provide how many days advance notice when the leave is “ foreseeable “?
60
7
30
15
30 days
Serious health condition- an illness, injury, impairment, or physical or mental condition that involves
continuing treatment by a healthcare provider for a serious health condition involving continuing treatment that includes one or more of the following except:
A period of incapacitation greater than three days which is permanent or long-term due to a condition for which treatment may not be effective (I.e., Alzheimer’s, severe stroke, or terminal stages of disease).
Any period of absence from multiple treatment by healthcare provider (I.e., chemotherapy, radiation, physical therapy or dialysis
Any period of incapacitation due to pregnancy for prenatal care.
A period of incapacitation requiring an absence of more than three consecutive days from work or other regular activities, and any subsequent treatment or period of incapacitation relating to the same condition.
Episodic periods rather than a continuing period of incapacitation.
Episodic periods rather than a continuing period of incapacitation
If an employee has not submitted an FMLA request to the required personnel; who must the supervisor of the employee submit the appropriate documentation to?
Director of Human Resources or designee
Division Commander
Major
Risk management supervisor
Risk management supervisor
supervisors shall confirm their employees have submitted FMLA request for any approved leave which would qualify under FMLA. Supervisors aware of an employee’s desire to take the type of leave falling under the guidelines of FMLA are responsible for submitting the appropriate documentation to the Risk management supervisor if the employee has not submitted a FMLA request to the Director of human resources or designee
If an employee request paid leave during FMLA leave, only vacation and compensatory leave can be used
True
False
False
If an employee request paid leave during FMLA leave, only vacation and compensatory leave can be used unless the situation falls under the criteria for sick leave usage
Serious health condition is an illness, injury, impairment, or physical or mental condition that involves all of the following except:
Includes any period of incapacitation
Any subsequent treatment in connection with such inpatient care
Inpatient care in hospital, hospice, or residential care facility
All illness, injury, impairment resolved at a walk in medical facility
All illness, injury, impairment resolved at a walk in medical facility
FMLA it’s only applicable for the birth, adoption, or foster care placement of the employee’s son or daughter and the attendant care of the child during the first 12 months after the birth, adoption or foster care placement
True
False
False
The employee’s care for himself/herself, spouse, parent, minor child or a child who is at least 18 years of age and is incapable of self-care because of a physical or mental disability and has a serious health condition. The employee is required to provide certification of the serious health condition from the treating healthcare provider
An employee is not entitled to reinstatement after leave if the employee has been replaced or his or her position has been restructured to accommodate the Employee’s absence
True
False
False
An employee is entitled to reinstatement after leave even if the employee has been replaced or his or her position has been restructured to accommodate the employee’s absence.
When requesting for leave under FMLA; who shall be notified by memo, via chain of command?
Immediate supervisor
Director of human resources or designee
Major
Division commander
Director of human resources or designee
Request for approval of leave under this policy shall be in writing through the chain of command to the director of human resources or designee. Medical certification of a serious health condition and supporting medical documentation, if available, should be attached. Notification sent in an exempt email to the director of Human resources or designee is appropriate in time sensitive situations. Medical certification forms are available in the agency forms are available in the agency forms area of the OCSO portal.
During periods of unpaid FMLA leave, the employee is not required to pay their current portion of basic coverage
True
False
FALSE
Intermittent leave is leave in separate blocks of time used due to multiple qualifying reasons
True
False
False
Intermittent leave- leave in separate blocks of time used due to a single qualifying reason
In the event the employee is on unpaid leave and chooses not to continue paying their portion of the health insurance premiums, the employee must complete a new Beneflex form to reinstate insurance benefits upon return from unpaid leave
True
He use of the three-two policy with paid leave shall be used to increase the total leave of FMLA beyond 12 weeks
True
False
False
Employees temporarily or mentally incapable of continued duty have the option of using the agency’s three-two policy, with leave approved under FMLA. The use of the three-two policy with paid leave shall not be used to increase the total leave of 12 weeks provided for in this policy
