Certified Leave Management Specialist (CLMS) Certification Practice Test

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What might violate the FMLA's provision against interference when an employee calls in for a family emergency?

  1. Expressing concern for the employee's family situation

  2. Discussing recent attendance issues when the employee returns

  3. Offering assistance for the employee's workload

  4. None of the above

The correct answer is: Discussing recent attendance issues when the employee returns

In the context of the Family and Medical Leave Act (FMLA), the provision against interference is intended to protect employees from any actions that could discourage them from exercising their rights under the law. When an employee calls in for a family emergency, discussing recent attendance issues upon their return could be perceived as an attempt to penalize or intimidate them for taking leave, especially during a time of personal crisis. This behavior may come off as retaliatory and could create a chilling effect on the employee's willingness to take necessary leave in the future. Employers should focus on a supportive and understanding response during emergencies, rather than highlighting past attendance issues, which could detract from the employee's ability to address their family matters without fear of repercussions. In contrast, expressing concern for the employee's family situation and offering assistance with their workload demonstrate supportive behavior that aligns with FMLA's intent, while the option suggesting no violations would imply a lack of understanding of the nuanced protections of FMLA.