519 Family Medical Leave Act

Question 1

Active Duty (Qualifying Exigency) Leave – Permits an eligible employee to take up to ………….. FMLA for a qualifying condition to provide support for a covered military member (the employee’s spouse, son, daughter, parent, or next of kin of the employee) serving in the National Guard or Reserve to be used for any “qualifying exigency” arising out of the fact the covered military member is on active duty or called to active duty status in support of a contingency operation.

Answer 1

12 weeks

Question 2

………………………… – A military operation designated by the Secretary of Defense in which members of the Armed Forces (Active or Reserves) are or may become involved in military actions, a military operation that results in the call or order to, retention of, active duty or reserve during war or national emergency as declared by the President or Congress.

Answer 2

Contingency Operation

Question 3

………………………………… – A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery) of more than …………………………………………………, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:
(1) Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

Answer 3

Continuing Treatment

three consecutive calendar days

Question 4

If any employee is absent for ……………. on unscheduled leave, their supervisor will notify the Human Resources Division’s Medical Section designee by email.

Answer 4

three consecutive work days

Question 5

Eligible Employee – The individual employee who has been employed by the employer for at least……………, has been employed for at least ……………………………………. prior to the start of leave, and is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite. The ………..of employment are not required to be consecutive, but must have been within the last seven years except if the break in service is:

a. Due to an employee fulfillment of military obligations; or
b. Governed by the collective bargaining unit.

Answer 5

12 months

1,250 hours of service during the 12-month

12 months

Question 6

FMLA – Leave (up to …………………./……………………. in the case of service member leave) that an employer is obligated to provide to an eligible employee under the terms of the federal “Family and Medical Leave Act of 1993” (FMLA).

Answer 6

12 weeks/480 work hours or 26 weeks

Question 7

Key Employee – A “key” employee is a salaried “eligible” employee who is among the highest paid 10 percent of employees within ………. of the work site.

Answer 7

75 miles

Question 8

National Defense Authorization Act (NDAA) – NDAA was signed into law ……………………….. It amends FMLA of 1993 to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 work weeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

Answer 8

January 28, 2008

Question 9

Military Caregiver Leave – Permits an eligible employee to take up to……………… FMLA “in a single 12-month period” to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty.

Answer 9

26 weeks

Question 10

Paid Parental Leave (PPL) – Up to ………. of paid leave following the birth of an employee’s child or newly adopted child (Reference Order 513 [Compensation and Leave]).

Answer 10

six weeks

Question 11

The Family and Medical Leave may provide up to a total of ……………….or…………….. of unpaid leave.

Answer 11

12 work weeks or 480 work hours

Question 12

An employee can utilize intermittent leave when it is taken in separate blocks of time due to a single qualifying reason.

(1) Intermittent scheduled leave shall result in employees with more than ………… of available leave being placed on FMLA paid leave until their available leave reaches ………….
(2) Thereafter, such employees shall choose either to continue with paid leave to cover the remainder of their FMLA time or alternate to a FMLA leave without pay status

Answer 12

80 hours

80 hours

Question 13

Upon exhaustion of the 12 weeks (480 hours), regardless of what other long-term non-FMLA medical leave may be available to the employee:

a. The employee is no longer entitled to be restored to the ………………………….; and
b. The employer (JSO) is no longer required to hold open or protect the employee’s job. The JSO may fill the position and discontinue benefits.

Answer 13

same or equivalent position

Question 14

An employee’s months and hours of active military service will be combined with the months employed and the hours actually worked to meet the …………………… and the………………………. of employment.

Answer 14

required 12-months and the 1,250 work hours

Question 15

Intermittent leave may be granted when an employee or employee’s immediate family member’s chronic medical condition requires only periodic treatment.

a. Intermittent leave will be calculated on an incremental basis based on amount of time used and will be counted toward the …………………..“in a single 12-month” period under Military Caregiver Leave provisions) entitlement, or a pro-rated portion for part-time employees.
b. Leave taken on an intermittent or reduced leave basis shall be subtracted on an hour-for-hour basis from …………………………………… total allowed under FMLA.

Answer 15

12 week/480 work hours (or 26 work weeks)

12 calendar weeks/480 work hours

Question 16

A husband and wife are entitled to receive a combined total of ……………………………………………….or …………………… of FMLA Leave.

Answer 16

12 weeks/480 work hours (or 26 work weeks/960 work hours in the case of service member family leave)

Question 17

Spouses employed by the same employer are jointly entitled to a combined total of …………………….or…………………….. of family leave for the birth and care of the newborn child, for placement of a child for adoption or foster care, and to care for a parent who has a serious health condition.

Answer 17

12 work weeks (or 26 work weeks in the case of Military Caregiver Leave)

Question 18

Florida law guarantees eligible employees time off of up to ……………………. in a 12-month period to take care of issues such as:

a. To seek an injunction for protection against domestic violence (including repeat violence, dating, or sexual violence);
b. To obtain care, counseling, shelter, legal assistance, or security services related to such violence or mental health counseling or both for the employee or a family or household member to address injuries resulting from domestic violence;
c. Obtaining services from victims services organizations such as a domestic violence shelter or rape crisis center;
d. Making the employee’s home secure from the perpetrator of domestic violence or finding a new home to escape the perpetrator; and
e. Seeking legal assistance to address issues arising from domestic violence or attending or preparing for court-related proceedings arising from the act of domestic violence.

Answer 18

three working days

Question 19

Supervisors shall approve requested leave for domestic violence-related matters from an employee utilizing accumulated leave from the employee’s respective leave accounts.

a. Employees who have exhausted all leave must submit their request for Leave for Domestic Related Matters to their …………………………
b. In no case shall the approving supervisor or commanding officer make any reference to domestic violence on the leave request or any other forms.

Answer 19

respective division chief.

Question 20

The employee may be contacted periodically through the duration of his approved FMLA Leave of Absence to check on his status and his intention to return to work.

a. As part of this process, the employee may be required to provide the Human Resources Division with an updated Certification of Health Care Provider or a statement on letterhead indicating the additional time required.
b. The employee will not be requested to provide such an update more often than every ………., unless his health care provider specifies a more frequent period, or unless there is reason to believe his condition may have changed. If the condition is described as “lifetime, “chronic” or “unknown”, a recertification may be requested no more than every six months.

Answer 20

30 days

Question 21

Due to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) all medical documentation must be turned in to the ………………………………………………..

a. No employee or supervisor shall have medical documentation for another employee in their possession.
b. No supervisor should accept medical documentation from a subordinate.
c. Once received, the ………………………………………… is responsible for notifying the supervisor of an employee’s medical restriction(s) if applicable

Answer 21

Human Resources Division’s Medical Section designee

Human Resources Division’s Medical Section designee

Question 22

In accordance with the HIPAA Federal Law, State Law (F.S.S. 400.494) and the Civil Service and Personnel Rules and Regulations 10.03(c), no employee, except for designated agency employees, may maintain a medical file or have in his possession medical documentation on another employee.

a. Any medical documents that can specifically identify an employee must be forwarded to the Human Resources Division of JSO to be placed in a …………………………….
b. Documents released from the Human Resources Division or contained in accreditation files must have all personal identifiable information redacted.

Answer 22

secured medical file.

Question 23

Examples of medical documents include prescriptions, doctor’s notes, physical therapy documentation, and written information regarding an employee’s mental or physical condition. This also includes emergency announcements describing an employee’s medical condition.

a. The law holds violators accountable with civil and criminal penalties that can be imposed if they violate individuals’ privacy rights. The law can be viewed at the Health and Human Services (HHS) official website.
b. Documents containing protected health information that are forwarded to the ……………………………………………… should be placed in a sealed envelope.

Answer 23

Human Resources Division’s Medical Section designee