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A comprehensive set of actual exam questions and answers for the clms certification exam 2024. It covers various topics related to workers' compensation, fmla leave, and hipaa regulations. Designed to help individuals prepare for the exam by providing insights into the types of questions they can expect and the correct answers. It is a valuable resource for anyone seeking to obtain clms certification.
Typology: Exams
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Workers' compensation covers which of the following benefits? A. Income replacement B. Death benefits to dependents C. Medical coverage in addition in income replacement D. All of the above - CORRECT ANSWER >>>>D James was hire on Sept. 1. When he injures himself in Peru, the two days he spends in a local hospital on May 16 and 17 count towards his FMLA leave. He is able to return to work on May 19. However, on May 22, he calls in sick as a result of neck pain, and the absence lasts 14 work days. He returns on June 11. Yes or No: On Nov. 5, James injures himself again and needs 14 weeks off. using the "calendar year" counting method, will James exhaust his 12 weeks of leave? - CORRECT ANSWER >>>>No
True or False: An employer may use an employee's genetic information if the employee is exhibiting related health issues that may impact the safety of the employee or others around the employee. - CORRECT ANSWER >>>>False What specific information is protected by HIPAA? A. An individual's past, present or future physical or mental health condition B. The provision of healthcare to an individual C. The payment for the provision of healthcare D. All of the above - CORRECT ANSWER >>>>D Which of the following examples would NOT qualify as a serious health condition: A. Fri/Mon absence due to allergies, with a non-working weekend in between B. Morning sickness as a result of a normal pregnancy without complications C. Bi-annual colonoscopy prep day and procedure D. Bringing a parent to a one-hour physical therapy appointment - CORRECT ANSWER >>>>C True or False: The individual with the serious health condition must always be under a treatment plan. - CORRECT ANSWER >>>>False True or False: The FMLA defines a serious health condition as one in which an employee is unable to perform ONE of the essential functions of the employee's position. - CORRECT ANSWER >>>>True
Which of the following medical conditions would likely have a predictable absence schedule, requiring the employee to provide advance notice of leave? A. Migraine headaches B. Back pain C. Pre-natal routine care D. Allergies - CORRECT ANSWER >>>>C Which option accurately reflects qualified FMLA time off for bonding offered to an employee? A. Birth of a biological child, adoption of a child, or placement of a foster child B. Birth of a biological child, adoption of a child, or placement of a foster child, and/or addition of a stepchild C. Birth of a biological child, adoption of a child, or placement of a foster child and/or a child who is a ward of the state - CORRECT ANSWER >>>>A True or False: All employees who are entitled to leave may take a total of 480 hours of leave. - CORRECT ANSWER >>>>False The federal FMLA allows 12 workweeks for all leaves and qualified relationships. Some military related leaves allow an additional 14 weeks for a total of up to 26 weeks. Which of the following relationships would ONLY qualify under a military leave? A. Spouse B. Parent C. Sibling D. Child - CORRECT ANSWER >>>>C
True or False: If an employee requests leave to care for their qualified family member under the military caregiver provisions, the service member must be on active duty at the time of the initial illness or injury. - CORRECT ANSWER >>>>False True or False: Military exigency and military caregiver leaves are NOT additional leave entitlements above and beyond time for the FMLA. - CORRECT ANSWER >>>>True Shannon works 5 days each week, for a schedule 8 hour day. Shannon is entitled to 12 workweeks based on a 40-hour schedule. All absences are calculated as a fraction of the employee's individual schedule. For a traditional week, with no holidays, if Shannon takes one eight-hour day, she has taken 1/5 of a workweek (20% of a week). Shannon takes off Wednesday through Friday the week of Columbus Day, when the office is closed on Monday. What fraction of the week has she taken? - CORRECT ANSWER >>>>3/4 (75%) Elizabeth works Monday, Wednesday, and Friday only and on those days is scheduled for 8 hour days. Elizabeth is entitled to 12 workweeks based on a 24-hour schedule. All absences are calculated as a fraction of the employee's individual schedule. For a traditional week, with no holidays, if Elizabeth takes one eight-hour day, she has used 1/3 of a workweek (33% of a week) as she is only scheduled three days. Elizabeth takes off Wednesday through Friday the week of Columbus Day, when the office is closed on Monday. What fraction of the week has she taken? - CORRECT ANSWER >>>>One week
In order to be eligible for FMLA leave, which of the following is required - A. An employee must have worked for at least 1,250 hours in the past 12 months B. An employee must have worked for a company for at least 12 months within the past 7 years C. The employee must work at a site that has 50 employees within a 75-mile radius D. All of the above - CORRECT ANSWER >>>>D An employee worked for the same company with a four-year break. Upon return, they worked 11 months at 100 hours per month. The employee requests leave. Which answer below best describes their circumstances? A. The employee is eligible once they provide proof of prior employment B. The employee is not eligible because they do not have 12 months of service C. The employee is eligible to take FMLA leave D. The employee is not eligible because they do not have enough hours worked - CORRECT ANSWER >>>>D In January, Jeremy decided to adopt a baby from Argentina. He learned the requirements would include a 30-day visit to Argentina to process paperwork and to attend mandatory cultural learning sessions. Jeremy has not used FMLA time for any other reason as he knew he would need time to travel for the adoption. He plans to use the month of April to travel to Argentina for the adoption process. After the trip in April, Jeremy will return home for two months to await the completion of the adoption process. He will return to Argentina on July 1 to pick up his new son Emmanuel. On
March 25, Jeremy requests the following time off to be protected under the FMLA:
he knew he would need time to travel for the adoption. He plans to use the month of April to travel to Argentina for the adoption process. After the trip in April, Jeremy will return home for two months to await the completion of the adoption process. He will return to Argentina on July 1 to pick up his new son Emmanuel. On March 25, Jeremy requests the following time off to be protected under the FMLA:
True or False: An employee may take FMLA leave to care for a covered service member and also for another FMLA qualifying reason during a single 12-month period. - CORRECT ANSWER
True Which of the following statements is NOT true regarding leave for a seriously injured service member? A. The 26-week leave is restricted to one time per injury per family member B. The illness or injury must occur as a result of active duty C. The illness or injury must occur out of the country D. The leave may be taken up to 5 years after discharge - CORRECT ANSWER >>>>C True or False: An employee may take FMLA leave to take a grandchild to a therapy appointment if the child's parent is deployed on a military training in another state and the military member is a qualified relationship to the grandparent. - CORRECT ANSWER >>>>False - the qualifying exigency must arise out of the foreign deployment of the employee's spouse, son, daughter, or parent. On July 6, 2015, Julia took ten weeks of military caregiver leave to care for her husband, James, who was severely injured as a result of an explosion in the line of duty. He sustained head, neck and leg injuries. On Oct. 1, 2015, James is diagnosed with a brain injury, resulting from the same accident. How much additional leave is Julia entitled to take between Oct. 5, 2015 and Dec 31, 2015? A. 16 weeks
B. 2 weeks - CORRECT ANSWER >>>>A On July 6, 2015, Julia took ten weeks of military caregiver leave to care for her husband, James, who was severely injured as a result of an explosion in the line of duty. He sustained head, neck and leg injuries. On Oct. 1, 2015, James is diagnosed with a brain injury, resulting from the same accident. Between July 6, 2015 and Dec. 31, 2015, Julia takes 22 workweeks of leave to care for her husband under military caregiver leave. On Oct. 5, 2015, her sister is injured while on active duty, how much leave is she entitled to take to care for her sister within the same 12 months, ending July 5, 2016? A. 26 workweeks because Julia seeks leave for a different person B. 4 workweeks - CORRECT ANSWER >>>>B True or False: If an employer tracks FMLA leave using the "calendar year" counting method, they must also track the 26 weeks of military caregiver leave using a calendar year to ensure a consistent process and treatment of employees. - CORRECT ANSWER
False Under the FMLA, which of the following DOES NOT qualify as an exigency for military families? A. Post-deployment activities B. Short-notice deployment C. Childcare and school activities D. Counseling E. Rest and recuperation F. Pre-deployment vacation G. Military events
H. Financial and legal arrangements I. Parental Care - CORRECT ANSWER >>>>F Molly lives in Oregon and has worked full time for her employer for a couple of years. Molly is pregnant and needs eight weeks of leave at the end of her complicated pregnancy. This includes two weeks of prenatal leave and six weeks of post-partum leave. Shortly after returning to work, her mother becomes terminally ill and Molly requests four weeks of leave to care for her mother. Unfortunately, her mother passes away at the end of the second week of leave. Will Molly be approved for all four weeks of her leave request, given that her mother passed away before the end of the leave? - CORRECT ANSWER >>>>Yes Tony lives in Massachusetts and has a child born in February. He and his spouse then adopt twins in August. How much leave time is Tony entitled to under Massachusetts Parental Leave? A. 8 weeks in February and 8 weeks in August B. 8 weeks in February only C. 16 weeks total D. 8 weeks in February and 16 weeks in August - CORRECT ANSWER
D An employee in California has worked for her employer for 11 months, working 20 hours per week. She requires an eight-week absence due to pregnancy complications. What will be the outcome of her leave based on federal FMLA and California pregnancy disability leave (PDL) requirements? A. All 8 weeks will be denied under the federal FMLA and approved under California PDL
B. The first 4 weeks will be denied under the federal FMLA and approved under California PDL, and the last 4 weeks will be approved under the federal FMLA and California PDL C. All 8 weeks will be denied under both the federal FMLA and California PDL - CORRECT ANSWER >>>>A Annabeth lives in the District of Columbia. She works for an employer covered by both federal and state leave laws and has met all eligibility requirements under applicable laws. She has never taken leave under federal or state laws. She requests 14 weeks of leave to care for her sister. She also intends on taking leave in the future for the rotator cuff surgery she has put off and leave to care for her mom when she schedules her hip replacement. If Annabeth takes 14 weeks of leave to care for her sister, how much federal and state leave time will she have remaining for the 24-month period? A. She will have 2 weeks of state leave left to care for family and 16 weeks of state leave for her own health condition. She will also have 12 weeks of federal leave each year B. Because a sister is not a qualified relationship under federal or state laws, she will still have 16 weeks of state leave to care for a qualified family - CORRECT ANSWER >>>>A Annabeth has 4 separate, continuous absences in a 24-month ( week) period:
Which ONE of the following meets the definition of a serious health condition without any additional medical information? A. Employee is on a regimen of prescription medication B. The period of incapacity is longer than 3 days C. Treatment is provided at least 2 times per year by a healthcare provider D. Overnight stay in a hospital - CORRECT ANSWER >>>>D Which of the following does NOT need to be included in a written policy? A. Contents of the FMLA poster B. The 12-month counting method used C. Substitution policies regarding paid leave D. A list of FMLA-approved reasons for leave broken out by approval rate E. Benefits rights during leave - CORRECT ANSWER >>>>D True or False: For employees whose primary language is not English, an employer must post an FMLA poster in a language in which the employees are literate. - CORRECT ANSWER >>>>False Theodore injured his back last year and was out of work for a few weeks. He has been working without pain for a few months. Three months ago he began to complain to his supervisor of back spasms. He has a very physical job. Since business was slow, his supervisor would let him leave for the day if he mentioned the back spasms were bothering him. Which of the following statements best describes the supervisor's actions?
A. By not having Theodore apply for FMLA leave, the supervisor sets a precedent which allows Theodore to modify his schedule any time he doesn't feel well. B. The supervisor was right to handle things with flexibility as Theodore's job is strenuous and could cause a workers' compensation claim. C. By letting Theodore leave early, a complaint cannot be filed with the company, so the supervisor reduced the company's risk. D. The supervisor has failed to ensure Theodore begins the process for seeking the - CORRECT ANSWER >>>>D Theodore injured his back last year and was out of work for a few weeks. He has been working without pain for a few months. Three months ago he began to complain to his supervisor of back spasms. He has a very physical job. Since business was slow, his supervisor would let him leave for the day if he mentioned the back spasms were bothering him. True or False: When Theodore is ready to return to work, his doctor authorizes him to work two half days a week for eight months. Theodore has been back at work for seven months, has not had any additional absences from work, and seems to have improved substantially in his movement. Based on this information, his employer is wondering why he needs to continue with a reduced work schedule and can now seek re- certification. - CORRECT ANSWER >>>>True Erin is often late for work. She's been written up for this behavior previously. Today she calls in unexpectedly, indicating that her mother fell in the shower. She's at the hospital and says that she'll likely need several weeks off to care for her. Select the response that is MOST LIKELY to violate the FMLA's statement that it is
unlawful for an employer to "interfere, restrain, or deny the exercise of ... any right provided under" the FMLA? A. You've had a lot of absences recently so when this is settled, we do need to talk. B. I'm sorry to hear about your mom, but your absence puts us in a very difficult position. - CORRECT ANSWER >>>>B True or False: A supervisor is reluctant to give an employee who took FMLA leave for cancer treatment responsibility to for a major new project. The supervisor fears that the cancer will return so he chooses to assign the project to someone else. This is an example of retaliation. - CORRECT ANSWER >>>>True Mark is a computer programmer and was recently diagnosed with clinical depression. After his diagnosis and successful plan of treatment, he is ready to return to work. Which of the following would NOT be a reasonable accommodation for Mark? A. Flexible telecommuting B. Increased break times to get outdoors for access to natural lighting C. Provide a job coach or mentor D. Have first choice among low-stress or deadline independent assignments E. Intermittent leave - CORRECT ANSWER >>>>D Mark is a computer programmer and was recently diagnosed with clinical depression. After his diagnosis and successful plan of treatment, he is ready to return to work. After a two-week leave and treatment for depression, Mark asks to return to work on a part-time basis. His employer tells him that the can't return to work until he doesn't require either restrictions or accommodations
because they need everyone at full capacity to meet an important deadline. Based on these cursory facts, is Mark likely to succeed if he files a discrimination charge with the EEOC? - CORRECT ANSWER
Yes Mark has returned to work for 11 weeks. He works full time, but in an effort to allow him to manage his depression, he was granted an accommodation for 12 weeks to telecommute two of the five days each week. On the days he telecommutes, he is unavailable for in- person meetings or to stay late for long sessions. There is one week left of his accommodation; however, his team has expressed to Marian that in order to meet their deadlines, all members of the team need to be in the office and available for overtime. Morale is slipping within the team, and there are complaints that their bonus will be lost because of Mark' schedule. Which of the following options should Marian choose when handling this issue for the team as a whole? D Mark is a computer programmer and was recently diagnosed with clinical depression. After his diagnosis and successful plan of treatment, he is ready to return to work. After a two-week leave and treatment for depression, Mark asks to return to work on a part-time basis. His employer tells him that the can't return to work until he doesn't require either restrictions or accommodations because they need everyone at full capacity to meet an important deadline. Based on these cursory facts, is Mark likely to succeed if he files a discrimination charge with the EEOC? - CORRECT ANSWER >>>>Yes Mark has returned to work for 11 weeks. He works full time, but in an effort to allow him to manage his depression, he was granted an accommodation for 12 weeks to telecommute two of the five days each week. On the days he telecommutes, he is unavailable for in- person meetings or to stay late for long sessions. There is one week left of his accommodation; however, his team has expressed to Marian that in order to meet their deadlines, all members of the team need to be in the office and available for overtime. Morale is slipping within the team, and there are complaints that their bonus will be lost because of Mark' schedule. Which of the following options should Marian choose when handling this issue for the team as a whole? A. Explain to Mark the team's low morale and the fact that they really need him to step up at least for the next few days, then he can return to his modified schedule B.Explain to the team that - CORRECT ANSWER >>>>D True or False: When Mark returns to work, he has exhausted his FMLA leave but his doctor recommends that he work part-time for one month. His employer can reduce his healthcare based on his part-time status. - CORRECT ANSWER >>>>True True or False: Mark isn't the first programmer at his company to seek treatment for depression. There have been two other employees to do so. In both cases, they returned to work for a while but were eventually terminated because they continued to
require more and more leave. Based on this history, HR doesn't want to allow Mark to return to work, indicating that his leave is likely to turn into an indefinite leave because depression is a chronic and incurable illness. The employer is right in believing that Mark will not be able to function at full capacity and is likely to go out again based on past experience with other employees. - CORRECT ANSWER >>>>False Charisse applies for a job as an accountant for a factory in Minnesota that produces pet products. She has an impressive resume and meets all of the qualifications to carry out the essential functions of the job. She is chosen as one of the top applicants to come for an interview. Upon arrival, they see she is in a wheelchair. For Charisse to enjoy equal benefits and privileges of employment, the company will need to make an accommodation for her to ensure safe passage into the building during winter months or to allow her to work from home when there is inclement weather. The cost of building a ramp would be nominal compared to the overall expense of general building maintenance, and there are other administrative positions that work from home on a regular basis. True or False: Because Charisse's limitation is obvious and is not something she is able to keep private, the employer may inquire if being in a wheelchair - CORRECT ANSWER >>>>False Charisse applies for a job as an accountant for a factory in Minnesota that produces pet products. She has an impressive resume and meets all of the qualifications to carry out the essential functions of the job. She is chosen as one of the top applicants to come for an interview. Upon arrival, they see she is in a wheelchair. For Charisse to enjoy equal benefits and privileges of employment, the company will need to make an accommodation for her to
ensure safe passage into the building during winter months or to allow her to work from home when there is inclement weather. The cost of building a ramp would be nominal compared to the overall expense of general building maintenance, and there are other administrative positions that work from home on a regular basis. Yes or No: Although Charisse is the most qualified candidate for the position, the employer has decided not to offer the position to her because they do no - CORRECT ANSWER >>>>No Michael is a Senior Sales Associate for an insurance company. One of the essential functions of his job is to speak with clients on the phone and in person at on-site presentations. Michael is in a car accident where he sustained a head injury. A long-term (and perhaps permanent) result of the accident is that he has developed a significant speech impairment, and he can become forgetful and lose his concentration. Which of the following actions must his employer take? A. They must no longer require Michael to attend presentations. B. They are not required to keep Michael in this position because he is unable to perform one of the essential functions of his job, and there is not an accommodation which will enable him to preset to clients with the same quality as before. C. They must provide Michael with an assistant to attend on-site presentations and do the majority of the presenting, as an assistant would be a reaso - CORRECT ANSWER >>>>B Jennifer has been experiencing back pain, which seems to be exacerbated by long periods of time sitting down. She has had a number of absences to see her chiropractor, and her employer is aware of her medically-related absences. Yes or No: Jennifer says to her supervisor, "I wish whoever buys our office furniture would
get the kind of chair I just got for my new home office." Because the supervisor knows that Jennifer has had back pain, is Jennifer's statement enough for the supervisor to be expected to recognize that Jennifer's fondness for her new chair at home is related to her back pain and be expected to see Jennifer's statement as a request for an accommodation and a trigger to start the interactive process? - CORRECT ANSWER >>>>No Jennifer has been experiencing back pain, which seems to be exacerbated by long periods of time sitting down. She has had a number of absences to see her chiropractor, and her employer is aware of her medically-related absences. Yes or No: The scenario confirmed that Jennifer's supervisor is aware of her back pain and that her FMLA absences have been to visit her chiropractor for the back pain. Jennifer states, "I just got this great new cordless headset for my home office. I feel like it makes me so much more productive, and my back doesn't even hurt after I have been on calls all day." Does this serve as an accommodation request? - CORRECT ANSWER >>>>Yes Jennifer has back pain that is exacerbated by extended periods of sitting and using a handset phone on long calls. Her employer is aware that an accommodation should be assessed. Jennifer has requested two options as accommodations to her medical condition. She wold like to either have a private office so she could use a speaker phone when making lengthy calls, or she would like to work from home on days with long calls as she has an ergonomically correct chair and headset at her home office. Which of the following is the best next step for Jennifer's employer to take?
A. The employer could first do an ergonomic assessment of her existing equipment. B. The employer should deny Jennifer's accommodation request as they have never been granted to a person in her position in the past. C. Jennifer could be allowed to work from home on days with long calls until an alternative is found. D. None of the above are correct as - CORRECT ANSWER >>>>C Jennifer's employer has had a chance to walk through an interactive process with Jennifer to identify a list of possible accommodations for her back pain. These include: purchasing a new chair and headset, installing a sit/stand station, changing Jennifer's work arrangement to work from home on the days that she has lengthy calls. Identify the best next step for Jennifer's employer to take from the options below: A. Always start with the cheapest option B. It is up to the employee to choose unless the cost is prohibitive C. Engage in a discussion with the employee to review the options and put a written agreement in place to document the action chosen and to revisit if there are additional concerns - CORRECT ANSWER >>>>C True or False: An employee's medical information that is kept in their personnel file and in a locked file cabinet is duly considered protected under the ADA. - CORRECT ANSWER >>>>False Protected genetic information under GINA includes which of the following? A. The employee's medical history only
B. The medical history of the employee and any family members, including genetic testing that reveals an increased risk of an individual's likelihood of developing an illness C. The medical history of the employee and any family members, including any genetic testing regardless of the results of the test - CORRECT ANSWER >>>>C James was hire on Sept. 1. When he injures himself in Peru, the two days he spends in a local hospital on May 16 and 17 count towards his FMLA leave. He is able to return to work on May 19. However, on May 22, he calls in sick as a result of neck pain, and the absence lasts 14 work days. He returns on June 11. Using the "fixed year (hire date)" counting method, how many weeks or days does James have available, beginning Nov. 5 when he injures himself and needs three months off? A. 8 weeks and 3 days B. 52 days C. 12 weeks - CORRECT ANSWER >>>>C True or False: Because jury duty is required, not optional, all employers must provide pay. - CORRECT ANSWER >>>>False Which of the following is NOT true about paid parental leave? A. Paid programs can be employee-funded and/or employer- funded B. It may be used for sick child or well-care visits C. It may be used for care of an elderly parent D. All of the above - CORRECT ANSWER >>>>C