Test Three- Chapter Eleven

FMLA covers the following employers

Public employers of any size, private companies with 50+ employees,

T or F: A medical condition requires more than a disability

True

T or F: An FMLA leave must be treated as continued service for the purpose of vesting and eligibility to participate in pensions and other retirement plans

True

T or F: COBRA coverage may occur when the employer's obligations to maintain coverage under the FMLA expire

True

T or F: Coverage under FMLA is not COBRA coverage

True

T or F: Employers may not exclude prescription contraceptives from coverage

True

T or F: FMLA leave is not a qualifying event for COBRA

True

T or F: GINA will not preempt state and local laws that offer more extensive genetic information discrimination protection

True

T or F: It is the employer's responsibility to recognize that a leave falls under the FMLA

True

T or F: Leave does not have to be used in a single, continuous 12-week period

True

T or F: Pregnancy may be a qualifying event under the FMLA

True

T or F: The FMLA requires an employer to maintain coverage under any group plan for an employee on a qualified leave

True

T or F: Time spent fulfilling an employee's military service obligation counts toward the time requirements

True

T or F: companies with fewer than 50 employees at one worksite may still be covered under FMLA if the employer has at least 50 employees within 75 miles of that worksite

True

T or F: employer can select how to calculate the 12 month period

True

T or F: • An employer is required to restore the employee to the same position he or she held before the leave began OR to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment

True

T or F: • An employer may require an eligible employee to use any accrued paid vacation or sick leave toward the FMLA leave

True

T or F: Employers may not discriminate on the basis of abortion

True but are not required to cover abortion costs

Notification Rules of FMLA

Within 5 business days of learning that an employee's leave may qualify under the FMLA, an employer must provide notice of the potential eligibility for leave along with a notice of rights and responsibilities, The employer must also notify the employee of its determination of eligibility for FMLA leave within 5 business days, If an employee suffers harm due to an employer's failure to comply with the notice requirements, the employer may be liable for the employee's out-of-pocket costs

Consolidated Omnibus Budget Reconstruction Act (COBRA)

a federal law providing some employees with the ability to continue health insurance coverage for a limited time after leaving employment

Qualifying exigencies include

a variety of issues related to a family member's active duty responsibilities

"Benevolent" discrimination stereotyping

adverse employment decisions based on gender stereotypes that are well-intentioned and may be perceived by the employer to be in the employee's best interest

USERRA applies to

all employers

Pregnancy Discrimination Act (PDA)

amending Title VII, prohibiting employment discrimination on the basis of pregnancy, childbirth, and related medical conditions

The FMLA defines a serious medical condition as:

an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider

If an employee chooses not to retain health coverage during FMLA leave,

benefits must be reinstated to the same level they were pre-leave without any qualifying period, physical examination, or exclusions for pre-existing conditions

Employer may select a method,

but method must be the same for all employee

Protection from genetic discrimination

constitutional protection, ADA, HIPAA, Title VII

GINA guarantees

privacy of an individual's bona fide medical information

GINA applies to

private employers with 15+ employees, employment agencies, labor unions, and joint labor management training programs

The National Defense Authorization Act amended the FMLA to

provide expanded leave rights to employees to care for service members injured during active duty and for qualifying exigencies

GINA prohibits employers from

requesting, requiring, or purchasing, an applicant's or employee's genetic information, including: A person's "genetic tests," "Genetic tests" of a person's family member, Manifestation of a disease or disorder in a family member, Participation of a person or family member in research that includes genetic testing, counseling, or education

Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) - requires

requires employers to reemploy returning service members in the jobs they would have attained had they not been on active duty

Eligible employees under NDAA may

take up to 26 weeks of unpaid leave in a single 12-month period to care for an immediate family member who is a "covered service member" with a serious injury or illness on the line of duty

To prevail in a case, an associational discrimination plaintiff must prove by direct or circumstantial evidence

that his or her "association" with someone in a protected class was the reason for the adverse employment action

USERRA discrimination claim process

the claimant must prove military service was a "motivating factor" in the adverse employment action, the employer must prove it would have taken the adverse action regardless of the plaintiff's protected military status, the claimant does not have to prove the employer's reason was pretext

USERRA makes it unlawful

to discriminate based on military service

Exceptions allowing an employer to posses prohibited information

where the request was inadvertent, where health or genetic services are offered by the employer under a bona fide employee wellness program, and, the employee provides voluntary written consent, only the employee and the licensed health care professional receive the information, and information is not disclosed to the employer in a way that would identify any specific employee, when required for FMLA or other leave certification, where the employee's medical history is available through commercially and publicly available documents, where information is to be used to monitor the effect

Parental leave ends

12 months from the date of birth, adoption, or foster-care placement

How many days' notice must be given if the leave is foreseeable?

30

PDA applies to

All companies with 15 or more employees; but states may offer extended coverage

The FMLA allows 12 weeks if unpaid leave for:

Birth and care of a newborn, adopted or foster-care child, care for immediate family member with a serious health condition, medical leave for a serious health condition, care for a service member who experienced a serious injury/illness while on active duty, any qualifying exigency from National Guard

The consequences for wrongfully denying FMLA protected rights to an employee include:

Employee's right to a private lawsuit in state or federal court, or administrative enforcement with the US Department of Labor, Lost or denied wages, or if the employee did not suffer a wage loss, the employer is responsible for the employee's out-ofpocket costs for care, including that to family members, Equitable relief, including reinstatement, promotion, and attorneys' fees, and costs, Employer liability for damages and liquidated damages

T or F: PDA requires special concessions for pregnant employees

False

T or F: Workplace Bullying is a recognized tort or cause of action

False

When is the 12 months measured?

From the first day of leave

To be covered under the FMLA, an employee must:

Have worked for the employer for at least 12 months before taking the leave, have worked 1,250 hours within those 12 months and experience a qualifying event and give timely notice to the employer