CLMS CERTIFICATION PRACTICE
QUESTIONS WITH ACCURATE
ANSWERS
The individual with the serious health condition must always be under a treatment plan - Correct
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Answer - False- Permanent or long term conditions for which treatment may not be effective can
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qualify, such as Alzheimer's or end of stage of a terminal illness. However, the patient does not need
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to be under the supervision of a healthcare provider, even if no treatment is administered.
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Which of the following examples would NOT qualify as a serious health Condition? - Correct Answer -
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Bi-annual colonoscopy pre day and procedure.
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The FMLA defines a serious health condition as one in which an employee is unable to perform ONE
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of the essential functions of the employee's position. - Correct Answer - True- An employee need
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only be incapable of doing at least one essential function of his job.
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Which of the following medical conditions would likely have a predictable absence schedule, requiring
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the employee to provide advance notice of leave? - Correct Answer - Pre-natal routine care- These
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appointments occur on a defined scheduled an allow for an employee to provide advance notice of
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the need for the absence. This ensures the least disruption to the company's operations. An employer
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may require advance notice only for circumstances in which the absence is reasonable.
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which option accurately reflects qualified FMLA time off for bonding offered to an employee? - Correct
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Answer - Birth of biological child, adoption of a child, or placement of a foster child. The birth of a
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new biological child or the placement of an adoptive/foster child are the only reasons an employee
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may take time under the bonding rules. Although a stepchild and a child in the employee's custody as
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a ward of the state my qualify under caring for a family member with a serious health condition, they
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are not qualified under bonding time.
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Workweek Example 1: - Correct Answer - in a five day workweek, if an employee is scheduled to work
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five days, each day is worth 1/5 or 20% of a week. If an employee takes a three-day absence, they
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have taken 3/5 or 60% of the week.
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Workweek Example 2: - Correct Answer - if an employee is scheduled to work four days during a
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week due to holiday, then each day is worth 1/4 of a week. If an employee takes all four days they
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, have used one full week. Whereas, if an employee takes a three-day absence, they have used 3/4 or
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75% of the work week.
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Shannon and Elizabeth are co-workers. They are both pregnant and due around thanksgiving. Shannon
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works 5 days each week, for a scheduled eight-hour day. Elizabeth works Monday, Wednesday, and
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Friday only and on those days is scheduled for eight hour days. Therefore, Shannon is entitled to 12
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workweeks based on a 40-hour schedule, and Elizabeth is entitled to 12 workweeks based on 24-
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hour schedule.
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All absences are calculated as fraction of the employee's individual schedule. For a traditionally week,
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with no holidays, if Shannon takes one-eight-hour day, she has taken 1/5 of workweek ( also
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calculated as 20% of a week). If Elizabeth also takes one 8-hour day, she has used 1/3 of a workweek
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(also calculated as 33% of a week) as she is only scheduled 3 days.
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Elizabeth takes off Wednesday through Friday the week of Columbus Day, when the office is closed on
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Monday. What fraction of the week has Elizabeth taken? - Correct Answer - One week- Elizabeth
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does not work on Tuesdays or Thursdays, so her absence was only Wed & Fri for a week where she
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was just scheduled to work on Wed & Fri. Therefore, of her two scheduled days, she took both of
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them which equals a full workweek.
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Shannon and Elizabeth are co-workers. They are both pregnant and due around thanksgiving. Shannon
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works 5 days each week, for a scheduled eight-hour day. Elizabeth works Monday, Wednesday, and
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Friday only and on those days is scheduled for eight hour days. Therefore, Shannon is entitled to 12
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workweeks based on a 40-hour schedule, and Elizabeth is entitled to 12 workweeks based on 24-
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hour schedule.
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All absences are calculated as fraction of the employee's individual schedule. For a traditionally week,
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with no holidays, if Shannon takes one-eight-hour day, she has taken 1/5 of workweek ( also
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calculated as 20% of a week). If Elizabeth also takes one 8-hour day, she has used 1/3 of a workweek
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(also calculated as 33% of a week) as she is only scheduled 3 days.
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Shannon also takes off Wednesday through Friday the week of Columbus Day, when the office is
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closed on Monday. What fraction of the week has she taken? - Correct Answer - 3/4 (75%) Shannon
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was scheduled to work only 4 days that week as the office was close don Monday (counted as a non-
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scheduled work day). Because she took Wed, Thurs and Friday off, her absence accounted for three of
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the four days she was scheduled. (75% of the work week)
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,All employee's who are entitled to leave may take a total of 480 hours of leave. - Correct Answer -
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False- Each employee's entitlement will be based on their individual schedule. 12 workweeks will
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equal 480 hours only for employee who work exactly 40 hours per week (12*40=480)) with absolutely
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no deviation and no adjustment for holidays.
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Reasons for qualified military exisgency leave under the FMLA - Correct Answer - Short notice
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deployment
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Military events and related activities kr kr kr kr
childcare and related activates kr kr kr kr
care of military member's parent
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Financial and legal arrangements kr kr kr
Counseling
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Post-deployment activities kr kr
Any event the employee an employer agree is qualified.
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Qualified family members may take up to a total of 26 workweeks to care for family members who
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are members of the armed forces due to serious illness or injury. - Correct Answer - illness or injury
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must have been incurred in the line of duty, active duty.
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The 26 workweeks are combined with the original 12 workweeks (NOT additional 26 weeks)
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illness or injury was prior condition aggravated by service in the line of duty.
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The federal FMLA allows 12 workweeks for all leaves and qualified relationships. Some military related
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leaves allow an additional 14 weeks for a total of up to 26 weeks. Which of the following
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relationships would ONLY qualify under military leave? - Correct Answer - Sibling
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if an employee requests leave to care for their qualified family member under the military caregiver
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provisions the service member must be on active duty at the time of initial illness or injury. - Correct
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Answer - False- The illness or injury can be a result of a service in the line of duty or be a prior
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condition which was aggravated by service in the line of duty. The leave may qualify if the service
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member has been honorably discharged within the 5 year period to the request of leave.
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Military exigency and military caregiver leaves NOT additional leave entitlements above and beyond
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time for the FMLA. - Correct Answer - True- Military exigency and military caregiver leave are simply
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two additional leave categories under the FMLA. All leave taken under both of these leave types will
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be deducted from the standard 12 workweeks of time available. However, military caregiver leave
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, provides up to another 14 weeks for a total of up to 26 weeks. Up to the first 12 weeks are taken
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from the basic FMLA entitlement.
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In order to be eligible for FMLA leave which of the following is required? - Correct Answer - All of the
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above- Employee must work 1250 hours in the last 12 months, must have worked for company or at
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least 12 months within the past 7 years. Must work at a site that has 50 employees with an 75 mile
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radius.
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An employee worked for the same company with a four year break. Upon return they worked 11
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months at 100 hours per month. The employee requests leave. Which answer best describes their
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circumstance. - Correct Answer - Employee is not eligible because they do not have enough hours
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worked.
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Jeremy took April off to attend Argentina to finalize ppwk for adoption. Then will return home for 2
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months. Then on july 1st take off one month to get to know baby/Argentina. Then within 1 year
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request bonding leave.
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Jeremy's absence in April is not covered b/c Jeremy did not have physical custody of the baby during
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the visit? - Correct Answer - False. Employees may take FMLA leave before the actual placement or
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adoption or foster care placement to proceed.
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choose the correct one - Correct Answer - All three periods of time will be approved as long s
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Jeremy's employer is okay with intermittent bonding.
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Even though Jeremy did not provide 30 days of advance notice for the initial visit and cultural learning
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sessions, his employer may not delay his initial 30 day visit in april b/c it is a required part of the
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adoption process. - Correct Answer - False- an employee must provide the employer at least 30 days
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of advance notice before FMLA leave is to being i the need for the leave is foreseeable based on the
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expected birth of a child, adoption or foster care placement, or any planned medical treatment for a
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serious health condition. when the need for FMLA leave is foreseeable at least 30 days in advance an
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employee fails to give timely notice with no reasonable excuse the employer may delay FMLA
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coverage until 30 days after the date the employee provides notice.
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An employee must have a biological relationship with or a legal responsibility for a child in order to
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take FMLA leave. - Correct Answer - False- There does not need to be a biological or legal connection
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with a child in order to take FMLA leave. The employee need to only have day-to-day responsibility
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for the child, otherwise known as "loco parentis"
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Which of the following family members living in the same house with a minor child could claim an "in
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loco parentis" relationship if the child had a serious health condition. - Correct Answer - All of the
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above: Grandmother, uncle, stepfather. All of the individuals listed could claim an 'in loco parentis"
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relationship. An individual who has day-to-day responsibility for the care of a child may be entitled to
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leave regardless if there is a biological or legal relationship.
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