FMLA Leave Policies and Regulations, Exams of Nursing

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CLMS CERTIFICATION EXAM 2024

ACTUAL EXAM COMPLETE EXAM

QUESTIONS WITH DETAILED

VERIFIED ANSWERS / ALREADY

GRADED A+

Which of the following family members living in the same house with a minor child could claim an "in loco parentis" relationship if the child had a serious health condition?

a. Grandmother

b. Uncle

c. Stepfather

d. All of the above - ....ANSWER...d. All of the above

Which of the following 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 - ....ANSWER...c. The illness or injury must occur out of the country

(T/F?) 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. - ....ANSWER...False, must be foreign deployment

If an employee recently took 10 weeks of FMLA for military caregiver leave. How much time does she have remaining under FMLA military caregiver?

a. 16 weeks

b. 2 weeks

c. 14 weeks

d. 10 weeks - ....ANSWER...a. 16 weeks

If an employee was on leave for 22 weeks within the past 12 months under FMLA as a military caregiver for her husband and then finds out her sister who is in the military was injured how many weeks does she have remaining to take to care for her sister?

a. 4 weeks

b. 12 weeks

c. 26 weeks

d. 10 weeks - ....ANSWER...a. 4 weeks

(T/F?) 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.

• ....ANSWER...False

Under the FMLA, which of the following DOES NOT qualify as an exigency for military families?

a. post-deployment activities (90 days after discharge)

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 - ....ANSWER...f. pre-deployment vacation

Under OFLA, If an employee recently took 8 weeks ( weeks prenatal leave and 6 weeks postpartum) of leave and then finds out that her mother is ill and requests 4 weeks. Her mother passes away at the end of week 2, would she be approved for the 4 weeks since her mother passed away before the end of the leave? - ....ANSWER...Yes

An employee lives in Massachusetts and has a child born in February. He and his spouse then adopt twins in August. How much time is the employee 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 - ....ANSWER...d. 8 weeks in February and 16 weeks in August

An employee in California worked for her employer for 11 months, working 20 hours per week. She requires an 8- 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 FMLA and approved under PDL

b. the first 4 weeks will be denied under FMLA and approved under California PDL, and the last 4 will be approved under the federal FMLA and California PDL.

c. all 8 weeks will be denied under both FMLA and California PDL - ....ANSWER...a. all 8 weeks will be denied under FMLA and approved under PDL

If an employee in the District of Columbia takes 14 weeks off to care for her sister, how much federal and state leave time will she have remaining for the 24-month period?

a. 2 weeks of state leave left to care for family and 16 weeks of state leave to care for herself. 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 for a family member and 16 weeks for her own health. She will also have 12 weeks of federal leave each year.

c. She will have 2 weeks of state leave left to care for a family member and 16 weeks for her own health. She will have exhausted her federal leave in year one, but will still have 12 weeks of federal leave in year two. - ....ANSWER...a. 2 weeks of state leave left to care for family and 16 weeks of state leave to care for herself. She will also have 12 weeks of federal leave each year.

An employee lives in Massachusetts and adopts a baby Jan. 11. He applies for 8 weeks of baby bonding under MA PFML, starting on the adoption date. In June of that same year, his mother-in-law suffers from a stroke and requires constant care. The employee applies for 8 weeks of leave to care for her, beginning on June 21. Under MA PFML, how much leave could the employee potentially qualify for?

a. 8 weeks of baby bonding; his mother-in-law is not an eligible family member

b. 8 weeks of baby bonding, plus 8 weeks of time to care for his mother-in-law; because they're for different reasons, he is eligible for the full requested time for both.

c. 8 weeks of baby bonding, plus the first 4 weeks of requested time to care for his mother-in-law; his 12 week eligibility will run out after that. - ....ANSWER...c. 8 weeks of baby bonding, plus the first 4 weeks of requested time to care for his mother-in-law; his 12 week eligibility will run out after that.

(T/F?) It is the employers responsibility to confirm an employee is eligible for FMLA leave, each time an absence occurs for the same reason. - ....ANSWER...False

(T/F?) You receive a certification for "Absence, Plus Treatment" of severe respiratory issues, possible bronchitis. The physician indicates she consulted with the

employee over the phone, provided prescriptions, and authorized the claimant to miss four days of work until the antibiotics have taken effect. This information is sufficient to define a serious health condition. - ....ANSWER...False

Which of the following is a qualified "healthcare provider"?

a. Nurse Practitioner

b. Midwife

c. Dentist

d. All of the above - ....ANSWER...d. All of the above

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 medicine

b. The period of incapacity is longer than 3 days

c. Treatment is provided at least two times per year by healthcare provider

d. Overnight stay in a hospital - ....ANSWER...

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. Benefit rights during leave - ....ANSWER...d. A list of FMLA-approved reasons for leave broken out by approval rate

(T/F?) For employees whose primary language is not English, an employer must post an FMLA poster in a language in which the employees are literate. - ....ANSWER...False

(T/F?) When Theodore is ready to return to work, his doctor authorized 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 need to continue with a reduced schedule and can now seek recertification. - ....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 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 situation - ....ANSWER...b. I'm sorry to hear about your mom, but your absence puts us in a very difficult situation

(T/F?) A supervisor is reluctant to give an employee who took FMLA leave for cancer treatment responsibility 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. - ....ANSWER...True

In October, Steve gives his boss, Jaime, a heads up that he'll be out from Dec. 23 through Jan. 8 for hernia surgery. On Dec. 20, Steve receives his performance evaluation and is put on a performance improvement plan based on work performance. Since he has already communicated he will need a medical leave, can the employer follow company- approved performance management processes?

a. yes

b. no - ....ANSWER...a. yes

Which of the following would NOT be a reasonable accommodation for an employee that has been calling in recently asking to work from home due to depression?

a. flexible telecommuting

b. Increased break times to get outdoors for access to natural lighting

c. provide job coach or mentor

d. have first choice among low-stress or deadline independent assignments

e. intermittent leave - ....ANSWER...d. have first choice among low-stress or deadline independent assignments

Which of the following examples would NOT qualify as a serious health condition.

a. Friday/Monday absence due to allergies, with a non- working weekend in between

b. Morning sickness as a result of normal pregnancy without complications

c. Bi-annual colonoscopy prep day and procedure

d. Bringing a parent to a one-hour physical therapy appointment - ....ANSWER...c. Bi-annual colonoscopy prep day and procedure

(T/F?) The individual with the serious health condition must always be under a treatment plan. - ....ANSWER...False

(T/F?) 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. - ....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. Prenatal routine care

d. Allergies - ....ANSWER...c. Prenatal routine care

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, placement of a foster child, and/or addition of stepchild

c. Birth of biological child, adoption of a child, or placement of a foster child and/or a child who is a ward of the state - ....ANSWER...a. Birth of a biological child, adoption of a child, or placement of a foster child

Elizabeth works 3 days a week, 8 hours per day. She takes off Friday the week of Columbus Day, when the office is closed on Monday. What is the fraction of the week that Elizabeth has taken?

a. 1/5 (20%)

b. 1/3 (33%)

c. 1/2 (50%)

d. 2/3 (67%) - ....ANSWER...b. 1/3 (33%)

Shannon works 5 days a week, 8 hours per day. She takes off Wednesday through Friday the week of Columbus Day, when the office is closed Monday. What fraction of the week has she taken?

a. 3/5 (60%)

b. One week

c. 3/4 (75%)

d. 2/5 (40%) - ....ANSWER...a. 3/5 (60%)

(T/F?) All employee's who are entitled to leave may take a total of 480 hours of leave. - ....ANSWER...False

The federal FMLA allows 12 workweeks for all leaves and qualified relationships. Some military related leaves allow and 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 - ....ANSWER...c. Sibling

(T/F?) The stepson, stepdaughter, or stepparent of a covered service member can take military caregiver leave.

• ....ANSWER...True

(T/F?) An employee mat take FMLA leave to care for a covered service member and also for another FMLA qualifying reason during a single 12-month period. - ....ANSWER...True

(T/F?) If an employee requests leave to care for the 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. - ....ANSWER...False

(T/F?) Military exigency and military caregiver leaves are NOT additional leave entitlements above and beyond time for the FMLA. - ....ANSWER...True

In order to be eligible for a 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 - ....ANSWER...d. All of the above

An employee worked for the same company with a four- year break. Upon return, they worked 11 months at 100 hours per month. Th employee requests leave. Which answer below best describes their circumstances?

a. The employee is eligible once the provide proof of their 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 - ....ANSWER...d. The employee is not eligible because they do not have enough hours worked

An employee requests 30 days off to travel to another country for a mandatory visit and cultural learning sessions. Is this time covered under FMLA? - ....ANSWER...Yes

An employee is taking 3 periods of time off work for an adoption.

1. Travel to Argentina for the month of April for mandatory visit and cultural learning sessions
2. Month of July to take custody of child and spend time learning about Argentina
3. Month of April the following year to bond with child, one year after starting the adoption process

What periods of time would be covered under FMLA?

a. All three periods of time would be approved as long as the employer is okay with intermittent bonding time

b. The July absence would be partially approved and partially denied because nothing indicates he need a full month to pick up the baby, but the remaining absence requests would be approved

c. The initial 30 day visit and the month of July would be approved, but the last 30 day request would be denied because it is more than 1 year from the start of the FMLA adoption process

d. The initial 30 day period will be approve - ....ANSWER...All three periods of time would be approved as long as the employer is okay with intermittent bonding time

(T/F?) If an employee does not provide 30 days notice for the need to travel for the purpose of adoption, his employer may not delay his initial visit because it is a required part of the adoption process. - ....ANSWER...False

(T/F?) An employee must have a biological relationship or a legal responsibility for a child in order to take FMLA leave? - ....ANSWER...False

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 he 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 the cursory facts, is Mark likely to succeed if he files a discrimination charge with the EEOC?

a. yes

b. no - ....ANSWER...a. yes

(T/F?) 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 insurance based on his part-time status. - ....ANSWER...True

(T/F?) Mark isn't the first employee at his company to seek treatment for depression. There has 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 the history, HR doesn't want to allow Mark to return to work, indicating that is 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 on leave again based on past experience with other employees. - ....ANSWER...

(T/F?) If an employee is on approved vacation time and is injured while on vacation and is hospitalized for 2 days of the vacation, these two days do NOT count towards FMLA. - ....ANSWER...False

(T/F?) Because jury duty is required, not optional, all employers must provide pay. - ....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 - ....ANSWER...c. It may be used for care of an elderly parent

Workers' Compensation covers which of the following benefits?

a. income replacement

b. death benefits to dependents

c. medical coverage in addition to income replacement

d. all of the above - ....ANSWER...d. all of the above

(T/F?) If an employee is approved and paid for 3 weeks off of work under Workers compensation, he does not need coverage under the FMLA. The time will only be covered under worker's compensation. - ....ANSWER...False

(T/F?) An employee's STD is approved and a copy of the approval is sent to the employer, but the FMLA paperwork is never received. The employer denies the FMLA leave and terminates the employee. The employer was within their rights to terminate his employment because under the FMLA, an employer has the right to require employees to follow absence policy procedures. - ....ANSWER...False

What 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 - ....ANSWER...d. all of the above

(T/F?) 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 - ....ANSWER...False, must be kept separate from other employee files

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 - ....ANSWER...c. The medical history of the employee and any family members, including any genetic testing regardless of the results of the test

(T/F?) 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. - ....ANSWER...False