Certified Leave Management Specialist (CLMS) Certification Practice Test

Which of the following statements regarding employee rights under FMLA is TRUE?

1. Employers can penalize employees for taking intermittent leave

2. Employers may reduce hours for employees on FMLA

3. Employees cannot be discriminated against for previously taking FMLA leave

4. Employees must inform the employer before taking any leave

The correct answer is: Employees cannot be discriminated against for previously taking FMLA leave

The statement that employees cannot be discriminated against for previously taking FMLA leave is true and reflects a foundational principle of the Family and Medical Leave Act (FMLA). The FMLA outlines specific provisions ensuring that employees who utilize their rights under the act are afforded job protection and that their positions cannot be negatively impacted because they took leave for a qualified reason. This means that any adverse employment action, such as firing, demotion, or other forms of discrimination based solely on the employee's exercise of FMLA rights, is prohibited. The other statements do not align with FMLA regulations. While it is important for employees to notify their employers of their need for leave, the act does not require them to inform the employer prior to taking any leave under all circumstances, especially in emergencies. Moreover, employers cannot penalize employees for taking intermittent leave when it complies with the FMLA's provisions, nor can they unilaterally reduce an employee's work hours simply due to their FMLA status, which underscores the protection that the act provides for eligible employees.