4.1.6 - Family Medical Leave Act (FMLA)

Question 1

It is the policy of the Sheriff to apply the ______________used to interpret and apply benefits under FMLA

Answer 1

US Department of Labor regulations

Question 2

Federal legislation that provides guidelines mandating employers to grant leave for employees meeting specific criteria.

Answer 2

Family Medical Leave Act ( FMLA)

Question 3

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

Answer 3

Serious Health Condition

Question 4

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

Answer 4

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.

Question 5

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

Answer 5

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

Question 6

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

Answer 6

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.

Question 7

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

Answer 7

Any period of incapacitation due to pregnancy or prenatal care

Question 8

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

Answer 8

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.

Question 9

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

Answer 9

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.

Question 10

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

Answer 10

FALSE

Question 11

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

Answer 11

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

Question 12

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.

Answer 12

Chiropractors, herbologists, licensed massage therapist

Question 13

FMLA requires the employer to pay wages or salary to an employee during the leave

True

False

Answer 13

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

Question 14

Who approves taking FMLA intermittently or on a leave schedule?

UnderSheriff

Director of human Resources or designee

Immediate Supervisor

Division Commander

Answer 14

Director of Human Resources or designee

Question 15

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

Answer 15

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.

Question 16

Employees may use accrued sick, vacation, and compensatory leave to increase the total leave period of 12 weeks.

True

False

Answer 16

FALSE

Employees may not use accrued sick, vacation, and compensatory leave to increase the total leave period of 12 weeks provided in this policy

Question 17

During unpaid FMLA, the following benefits will continue to accrue EXCEPT:

Retirement

Disability insurance

Life insurance

Health insurance

Answer 17

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

Question 18

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

Answer 18

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

Question 19

An employee who fails to follow policy when returning from FMLA leave can receive the following discipline

Termination

Counseling

Suspensions

Demotion / docked pay

Answer 19

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.

Question 20

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?

Answer 20

12 workweeks

Question 21

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)

Answer 21

Family medical leave act (FMLA)

Question 22

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

Answer 22

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

Question 23

Supervisors are not required to confirm their employees have submitted FMLA requests for any approved leave which would qualify under FMLA.

True

False

Answer 23

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

Question 24

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

Answer 24

True

Question 25

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

Answer 25

12

Question 26

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

Answer 26

30 days

Question 27

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.

Answer 27

Episodic periods rather than a continuing period of incapacitation

Question 28

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

Answer 28

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

Question 29

If an employee request paid leave during FMLA leave, only vacation and compensatory leave can be used True False

Answer 29

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

Question 30

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

Answer 30

All illness, injury, impairment resolved at a walk in medical facility

Question 31

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

Answer 31

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

Question 32

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

Answer 32

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.

Question 33

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

Answer 33

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.

Question 34

During periods of unpaid FMLA leave, the employee is not required to pay their current portion of basic coverage True False

Answer 34

FALSE

Question 35

Intermittent leave is leave in separate blocks of time used due to multiple qualifying reasons True False

Answer 35

False Intermittent leave- leave in separate blocks of time used due to a single qualifying reason

Question 36

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

Answer 36

True

Question 37

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

Answer 37

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