Certified Leave Management Specialist (CLMS) Certification Practice Test

Is it an employer's responsibility to confirm an employee's eligibility for FMLA leave each time an absence occurs for the same reason?

1. True

2. False

3. Only during annual reviews

4. Only during the first absence

The correct answer is: False

In the context of the Family and Medical Leave Act (FMLA), it is not necessary for an employer to confirm an employee's eligibility for FMLA leave each time an absence occurs for the same qualifying reason, which aligns with the correct answer indicating that this is false. Once an employee has established their eligibility for FMLA leave, the employer has a responsibility to document this eligibility and typically does not need to reassess it for subsequent absences that are related to the same reason, unless there have been changes in the employee's situation or the employer's policies. Employers are required to inform the employee of their eligibility status when the employee requests FMLA leave, generally at the first request. After that, unless there are changes in circumstances or a violation of FMLA guidelines, re-confirmation is not routinely required for every absence that is linked to the same qualifying condition. This helps to avoid unnecessary administrative burdens and confusion for both the employer and the employee regarding the continuity of leave benefits. Understanding this mechanism is crucial for effective leave management and compliance with FMLA regulations, as it helps maintain clarity in the employer-employee relationship regarding expectations for leave.