FMLA & ADA QUIZ

1. FMLA & ADA QUIZ

2. Disclaimer • The material contained in this document is intended for training purposes only and should be used as a guide for implementing the FMLA & ADA and does not constitute legal advice with respect to factual circumstances.

3. Test Your Knowledge of the FMLA & the ADA!

4. 1. Kim has worked for your company for 12 months and has always worked 20 hours per week. Based on the length of service and hours worked, Kim is eligible for FMLA leave. • True • False

5. True is incorrect! • False is correct!Kim will not be able to satisfy the 1,250 hour requirement working only 20 hours per week.

6. 2. FMLA allows employees to take time off to care for the following family members with a serious health condition: • child, spouse, grandparent • spouse, grandparent, sibling, child • child, spouse, parent

7. "a" is incorrect! • "b" is incorrect! • "c" is correct!FMLA allows employees to take time off to care for a child, spouse, or parent.

8. 3. Kim had minor surgery and was required to stay in the hospital overnight. This condition caused Kim to miss one day of work. Since Kim was back to work the following day and required no more subsequent doctor's visits, Kim's leave should be documented as FMLA leave. • True • False

9. True is correct!Any length of stay in a hospital should be handled as FMLA leave. • False is incorrect!

10. 4. The ADA requires that all printed material and publications that your company produces for employees or the public also be distributed in Braille. • True • False

11. True is incorrect! • False is correct!The ADA requires that all printed material for employees or the public be available in an alternate/accessible format, if requested. Braille is only one of the accessible formats.

12. 5. The ADA, Title I, requires extensive renovation of all buildings to make them accessible. • True • False

13. True is incorrect! • False is correct!As an employer, your company is responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship. Accessibility must be provided to enable a qualified applicant to participate in the application process, to enable a qualified individual to perform essential job functions and to enable an employee with a disability to enjoy benefits and privileges available to other employees.

14. 6. The ADA, Title II, requires extensive renovation of all buildings to make them accessible. • True • False

15. True is incorrect! • False is correct!The ADA requires your company’s programs, not all your buildings, to be accessible. "Program accessibility" is a very flexible requirement and does not require your company to do anything that would result in an undue financial or administrative burden. Not every building, nor each part of every building needs to be accessible. Structural modifications are required only when there is no alternative available for providing program access.

16. 7. Your employees must have at least 12 months of prior state service and must have worked a minimum of 1,250 hours during the previous 12 months to be considered eligible for FMLA leave. • True • False

17. True is correct!Please note that all that is required is total company service and not a specific department. • False is incorrect!12 months of prior company service and 1,250 hours worked during the previous 12 months are the only two requirements for FMLA eligibility.

18. 8. FMLA leave must be taken in one lump sum period of 12 weeks. • True • False

19. True is incorrect! • False is correct!FMLA leave may be taken intermittently.

20. 9. Kim has a certified chronic medical condition that will require being off work for treatments one day per week for the next two months. How should the leave be documented regarding FMLA? a. Kim will not miss more than three consecutive days from work; therefore, the absences for the treatments should not be counted as FMLA leave. b. Although Kim will not miss more than three consecutive days from work, the condition is chronic. The absence should be handled as FMLA leave.

21. "a" is incorrect! • "b" is correct!Chronic conditions such as this may be applied to FMLA leave. Kim's condition was certified; the absence for treatments of the chronic condition in this case may be applied to FMLA leave.

22. 10. FMLA law requires your company to return an employee to the exact same position held prior to taking FMLA leave. • True • False

23. True is incorrect! • False is correct!FMLA law states that an employee may be returned to the same or an equivalent position.

24. 11. FMLA leave, with your company , begins when the employee’s accrued leave expires. • True • False

25. True is incorrect! • False is correct!FMLA leave starts when the employee begins missing time due to an FMLA-related condition. The employee’s accrued leave will run concurrently with any FMLA leave.

26. 12. The employee would be required to pay their normal monthly premium to maintain their health, dental & vision coverage if they are on unpaid FMLA leave for an entire pay period. • True • False

27. True is correct!The employee will still be required to pay their monthly premiums if they are on unpaid FMLA leave for an entire pay period. The employee would not, however, be required to pay your company share of the premiums. • False is incorrect!

28. 13.A full-time employee is entitled to how many hours of FMLA leave? • 340 hours • 480 hours • 600 hours • 1200 hours

29. "a" is incorrect! • "b" is correct!12 weeks X 40 hours/week = 480 hour • "c" is incorrect! • "d" is incorrect!

30. 14. If an employee is on workers comp and has an FMLA qualifying absence at the same time, and a light duty assignment is identified and available, the dept may offer the light-duty assignment , but they may not require the employee to take it. • True • False

31. True is correct!The employee is able to turn down favored work or light-duty while on workers’ comp and FMLA. The employee’s workers’ comp benefit will be stopped and the employee will be required to use sick leave, but may substitute annual leave, to continue on payroll. The employee will not be allow to buy back their leave credits in these circumstances. • False is incorrect!

32. 15. An employee can no longer perform their original position because of a work related injury. The ADA requires the department to create a new position or “bump” another employee from their position as a reasonable accommodation. • True • False

33. True is incorrect! • False is correct!The ADA does not require an employer to create a new position or to “bump” another employee from their position in order to reassign an employee who can no longer perform the essential functions of their original position, with or without a reasonable accommodation.

34. 16. An FMLA “serious health condition” is the same as an ADA “disability”. • True • False

35. True is incorrect! • False is correct!An FMLA “serious health condition” is not necessarily an ADA “disability.” An ADA disability is an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. Some FMLA “serious health conditions” may be ADA “disabilities”, i.e., cancers and serious strokes, and some ADA disabilities, i.e., diabetes and being HIV positive, may be serious health conditions.