FMLA correct answers The principal federal law governing the provision of leave to employees for parental and medical leaders.
What employers are covered by FMLA correct answers All government agencies- Regardless of size
Private sector employers with at least 50 Employees in a 75 mile radius
...
Employment Law || with Errorless Solutions 100%.
FMLA correct answers The principal federal law governing the provision of leave to employees
for parental and medical leaders.
What employers are covered by FMLA correct answers All government agencies- Regardless of
size
Private sector employers with at least 50 Employees in a 75 mile radius
Elements of a claim: Interference with FMLA Rights correct answers Plaintiff must show:
1. She was eligible for FMLA Benefits and protections
2. Her Employer was covered by the FMLA
3. She experienced a qualifying event entitling her to FMLA leave
4. She provided her employer with sufficient notice of intent to take leave
5. She had not already exhausted her maximum leave entitlement for the relevant 12-month
period
6. FM:A benefits to which she was entitled were delayed or denied by the employer
Who is entitled to FMLA correct answers Worked for the employer for at least 12 months
Worked at least 1250 hours in the last 12 months prior to taking leave or attempting to do so
Qualifying Events for FMLA correct answers -the birth of a son or daughter of the employee
-Placement of a son or daughter by adoption
-The need to care for a spouse, son, daughter, or parent with a serious health condition
-The inability of an employee to perform the functions of his job due to a serious health
condition
-The need to care for a service member who suffered a serious injury or illness while on active
duty
-Any "qualifying exigency" arising from the fact that a family member in the military is, or soon
will be, placed on active duty (military events, counseling, post-deployment activities)
Serious Health Condition correct answers medical conditions that involve either impatient care in
a hospital or continuing treatment by a health-care provider.
Period of incapacity correct answers The period of time after a serious health event occurs.
Recovery time when you are unable to work, attend school, or engage in regular daily activities.
The period is more than three consecutive calendar days.
What does FMLA require employers to provide? correct answers -Up to 12 workweeks of leave
during a 12-month period
-Continue to provide regular health insurance
-Guarantee of the same job when the employee returns from work with the same pay and benefits
Continuous Leave correct answers All 12 weeks is taken in one block with no work occurring
between the beginning and end of leave. Leaves for childbirth, adoption, or foster care placement
must be continuous unless the employer allows otherwise.
, Intermittent Leave correct answers Periods of leave mixed with periods of work.
Reduced Leave Schedule correct answers The employee's normal daily or weekly hours of work
are reduced
Pay during time off correct answers Employees may choose-or their employers may require
them- to substitute available PTO for unpaid FMLA leave.
FMLA does not entitle employees to paid leave, but employees can use vacation, personal days,
or sick days to cover some or all of their FMLA leave.
Key Employees correct answers Salaried employees who are among the top 10% of company
employees in pay. Employers can not refuse the leave of these employees, but they can be denied
restoration to their original job if they take leave.
Pregnancy Discrimination Act (PDA) correct answers Confirms that discrimination based on
pregnancy, child birth, or related medical conditions is sex discrimination and violates title VII.
Requires that employers treat people with pregnancy-related conditions in the same manner as
people with other medical conditions. Jobs must be held open for employees on pregnancy-
related leave at least as long as they are for employees who take sick or disability leave for other
conditions.
Uniformed Services Employment and Reemployment Rights Act (USERRA) correct answers
Gives numerous rights to employees who engage in military service. Employers of any size are
prohibited from discriminating against people who are members of, apply to become members
of, or have obligations to serve in a uniformed military service.
-Allowing employees in the National Guard to attend scheduled annual drill training and treating
the employee as if he had not been absent.
USERRA- Employee is called to active duty correct answers Employees are entitled to
reemployment following up to five years of cumulative absence for military service. Provided
that an honorable discharge is received and a timely request made for reemployment, an
employee returning from military service must be reemployed.
Elements of a claim- USERRA Failure to reinstate correct answers Plaintiff must show:
1. The employer was informed that the employee needed leave to fulfill military duties
2. The employee received an honorable discharge from active military service.
3. The employee made a timely (usually within 90 days) request to be reinstated.
4 . The employer delayed reinstatement, denied reinstatement, or failed to fully reinstate by
restoring the employee to the terms and conditions of employment that would have prevailed had
the employee not left to engage in military service.
Escalator Principle correct answers Employers must attempt to place individuals returning from
military service into the positions, including promotions, that likely would have attained absent
the service.
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