Compliance Quiz First Name * Email * 1.Does your organization have an integrated leave management policy? * A. What does integrated leave management mean? B. We have documented that some leave needs to run concurrently. C. Yes; it is clear that all leaves run concurrently in our Employee Handbook; unless protected by state or federal regulation or a union contract. 2.Does your organization have a centralized designated leave / accommodations administrator? * A. Whoever has time takes care of it: supervisor; administrator or HR. B. Several different people are assigned the responsibility of managing leaves and accommodations. C. One department or person is responsible for overseeing the administering all medical leaves and accommodations to assure compliance. 3.Does your leave management policy and/or EEO policy include how to request and accommodation, including leave, under the Americans with Disabilities Act (ADA) leave? * A. We do not have a procedure for requesting leave or accommodations under the ADA in our employee handbook. B. I thought ADA was just for when you are disabled’ not for workers’ compensation and FMLA. C. We always address the ADA whenever anyone provides a medical certificate requesting leave and FMLA has been exhausted; or the employee can return to work with restrictions; but it is not spelled out in our handbook. 4.Does your leave management and accommodation policies allow you to transfer an employee to a less strenuous or light duty position as an ADA requested accommodation? * A. We do not have a policy that allows for transfers to light duty. B. We have a light-duty policy but it for Workers’ Compensation cases only. C. We have a leave management policy that allows employees to be accommodated; in their own position or other positions within the organization; as indicated by their health care provider if it is not an undue hardship and it allows them to perform the essential functions of the job; this includes access to our light duty policy. 5.Do you know how your organization calculates FMLA eligibility? * A. What does that mean? B. Yes; but it does not indicate how it is calculated in the employee handbook. C. Yes; I know how our organization calculates FMLA eligibility and it is clearly documented in our FMLA policy. 6.Do you know on a daily basis which employee is supposed to return from leave, who has exhausted FMLA leave, or who has not provided a new medical certificate when the current one has expired? * A. I just do not have time; I keep track the best I can. B. The supervisors or payroll will let me know; I do a pretty good job of knowing when these issues come up. C. Yes; we use a manual calendaring system or a software-calendaring tool to track leaves of absences. 7.Does your leave management policy address whether the employee must use PTO/Sick/Vacation before taking an unpaid leave of absence? * A. Our policy does not address this issue. B. Our policy only indicates when PTO/Sick/Vacation can be used in a Workers’ Compensation scenario. C. Our policy tells the employee specifically that they must or may use their accrued; unused PTO/Sick/Vacation prior to taking any unpaid leave of absence unless protected by state or federal regulations. 8.Do you maintain leave related information in the employee personnel file? * A. Yes; it all goes into the employee personnel file so everyone can have access to the information. B. We keep it in the personnel file but put the confidential medical data in a separate section of the file. C. We have separate confidential files for medical information and leave related documents. Supervisors do not have access to this information. 9.Have you ever felt that the required paperwork for ADA accommodation; and FMLA medical or workers’ compensation leaves is overwhelming? * A. There is not enough time in the day to keep on top of this paperwork. B. I feel like I know what I want to get done and am pretty good at keeping up on the pile of paperwork. C. We have a well-oiled machine and fully comply with the notification requirements and getting the data we need from our employees. 10. How much of your entire workforce is out on FMLA; ADA; or Workers’ Compensation leave? * A. I have no idea; we do not keep track of it. B. Less than 5% C. More than 5% 11.Do you know the Federal, state and your company requirements for maintaining medical benefits eligibility for employees on leave? * A. Don’t we have to provide medical benefits until they return to work? B. I know the difference between what leaves require mandatory coverage and those that do not; but we are somewhat loose about when we cut off medical insurance. C. We stop all medical coverage the 1st day of the month we are legally able to. 12.What steps do you take if an employee does not return a completed medical certification? * A. We let it ride if we know what is wrong with the employee or family member. B. We try to get employees to provide more databut do not cut off coverage if they do not because it is too risky. C. We always ask the employee to provide ongoing medical certificates or to “cure” the certificate in compliance with the FMLA and inform. 13.Does your organization have an FMLA specific call-in (sick leave) policy? * A. We do not specifically ask; if they let us know we will mark it as FMLA? B. We require them to tell us if it FMLA but we do not have any specific documentation. C. We always require the employee to specifically use the words; “this is for FMLA” when they call in sick related to an approved intermittent leave and it is documented. 14.What steps do you take if an employee says his or her doctor refuses to complete the formal ADA or FMLA medical certification? * A. We let it ride if they tell us what we need to know or just use the workers’ compensation certificate or what they provide from the doctor. B. We try to get the employee to provide more data; but do not cut off coverage if he or she does not because it is too risky. C. We always move forward with “curing” the medical certificate or require a second opinion if the employee’s own physician fails to provide a completed medical certificate in compliance with the FMLA or the data needed for an ADA accommodation. 15.Do you know which relatives and/or family members (including recent DOMA changes) meet FMLA qualifications? * A. No; I am sure what our policy says. B. Yes; but not clear about what you mean by DOMA. C. Yes; We are very clear in our policy and we now provide leave to same sex married partners under FMLA.