COE Human Resources Questions and Answers — Questions and Answers
Question 1: An ophthalmic practice has an employee who has been consistently late for their shift, impacting patient flow. The practice manager has already had an informal conversation with the employee, but the behavior continues. According to the principles of progressive discipline, what is the most appropriate next step?
- Issue a formal verbal warning and document it in the employee's file. (Correct answer)
- Immediately suspend the employee for one day without pay.
- Terminate the employment relationship due to insubordination.
- Assign the employee to a less critical role within the practice.
Correct answer: Issue a formal verbal warning and document it in the employee's file.
Progressive discipline is a structured process to address employee performance or behavior issues. After an initial informal discussion fails, the next step is typically a formal verbal warning. This conversation should be documented, clearly stating the problem, the required change, and the consequences of continued failure to improve. Suspension and termination are later steps in the process, reserved for repeated offenses or more severe misconduct.
Question 2: For an ophthalmic practice to be considered a 'covered employer' under the Family and Medical Leave Act (FMLA), it must meet which of the following criteria?
- Employ 15 or more employees for 20 or more workweeks.
- Have an annual revenue exceeding $500,000.
- Employ 50 or more employees for 20 or more workweeks in the current or preceding year. (Correct answer)
- Be affiliated with a hospital or academic institution.
Correct answer: Employ 50 or more employees for 20 or more workweeks in the current or preceding year.
The Family and Medical Leave Act (FMLA) applies to private-sector employers who employ 50 or more employees in 20 or more workweeks in the current or previous calendar year. The 15-employee threshold is associated with other laws like the Americans with Disabilities Act (ADA), and revenue or hospital affiliation are not the primary determinants for FMLA coverage.
Question 3: During an interview for an Ophthalmic Technician position, which of the following questions is legally permissible for the hiring manager to ask?
- Do you have any children or plan to start a family soon?
- Have you ever been arrested?
- Are you able to lift 25 pounds and assist patients in and out of exam chairs, with or without reasonable accommodation? (Correct answer)
- What year did you graduate from high school?
Correct answer: Are you able to lift 25 pounds and assist patients in and out of exam chairs, with or without reasonable accommodation?
It is legally permissible to ask questions directly related to the applicant's ability to perform the essential functions of the job, with or without reasonable accommodation. Questions about family status, arrest records (as opposed to convictions), and age (which can be inferred from graduation year) are generally considered illegal as they can lead to discrimination based on protected characteristics.
Question 4: A practice manager is classifying a new lead Ophthalmic Scribe. The employee is paid a salary of $60,000 per year and their primary duties involve documenting physician-patient encounters in the EHR, with no supervisory or significant independent decision-making responsibilities. Under the Fair Labor Standards Act (FLSA), how should this employee most likely be classified?
- Exempt, because they are paid a salary.
- Non-exempt, because their duties do not meet the 'duties test' for exemption. (Correct answer)
- Exempt, under the professional exemption for healthcare workers.
- Non-exempt, because all clinical support staff are automatically non-exempt.
Correct answer: Non-exempt, because their duties do not meet the 'duties test' for exemption.
Under the FLSA, an employee must meet both the salary basis test and the duties test to be classified as exempt. While this employee meets the salary threshold, their primary duties of scribing are generally not considered administrative, executive, or professional duties that require the consistent exercise of discretion and independent judgment. Therefore, they fail the duties test and must be classified as non-exempt, making them eligible for overtime pay.
Question 5: An ophthalmic practice is creating a comprehensive job description for a new Billing Specialist role. To ensure legal compliance and effectively manage performance, which component is most critical to include?
- A list of preferred, but not required, software skills.
- The specific salary range for the position.
- A detailed outline of the 'essential functions' of the job. (Correct answer)
- The name and title of the direct supervisor.
Correct answer: A detailed outline of the 'essential functions' of the job.
Defining the 'essential functions' of a job is a critical component of a legally compliant job description, particularly under the Americans with Disabilities Act (ADA). It clarifies the fundamental duties of the position and is essential for evaluating applicants, managing performance, and determining reasonable accommodations. While other elements are useful, the essential functions are the most legally significant.
Question 6: Which of the following is a primary goal of a structured employee onboarding program, extending beyond the initial orientation and paperwork completion?
- To ensure the employee's direct deposit and tax forms are processed within 24 hours.
- To integrate the new hire into the practice's culture and align them with performance expectations. (Correct answer)
- To provide the employee with their complete benefits package for at-home review.
- To test the new hire's existing clinical knowledge through a written assessment.
Correct answer: To integrate the new hire into the practice's culture and align them with performance expectations.
Effective onboarding is a comprehensive process that goes beyond the transactional tasks of orientation. Its strategic goal is to integrate the new employee into the organization's culture, clarify their role and performance expectations, and help them build key relationships, which leads to higher job satisfaction, productivity, and retention.
COE Human Resources Questions and Answers
An ophthalmic practice has an employee who has been consistently late for their shift, impacting patient flow.
The practice manager has already had an informal conversation with the employee, but the behavior continues.
According to the principles of progressive discipline, what is the most appropriate next step?