CPM CPM Leave Management & PTO Accruals 1 — Questions and Answers
Question 1: Under the federal FMLA, how many weeks of unpaid, job-protected leave is an eligible employee entitled to per year?
- 6 weeks
- 10 weeks
- 12 weeks (Correct answer)
- 16 weeks
Correct answer: 12 weeks
The FMLA provides eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying reasons.
Question 2: Which employers are covered by the federal Family and Medical Leave Act (FMLA)?
- All employers with at least 15 employees
- All employers with at least 50 employees within 75 miles of the worksite (Correct answer)
- All private employers regardless of size
- Only federal government employers
Correct answer: All employers with at least 50 employees within 75 miles of the worksite
The FMLA applies to private employers with 50 or more employees within 75 miles of the employee's worksite, plus all public agencies and public schools.
Question 3: How should accrued but unused PTO be treated on a paycheck when an employee is terminated, according to state law?
- It is always forfeited upon termination
- It is always paid out federally regardless of state law
- Treatment depends on state law — some states require payout, others allow forfeiture per company policy (Correct answer)
- It must be paid out only if the employee was employed for more than one year
Correct answer: Treatment depends on state law — some states require payout, others allow forfeiture per company policy
There is no federal requirement to pay out accrued PTO upon termination; whether it must be paid depends entirely on state law and company policy.
Question 4: What is 'intermittent FMLA leave'?
- Leave taken all at once in a single block
- Leave taken in separate blocks of time or by reducing the employee's normal work schedule (Correct answer)
- Leave that alternates between paid and unpaid periods
- Leave only available to part-time employees
Correct answer: Leave taken in separate blocks of time or by reducing the employee's normal work schedule
Intermittent FMLA leave is taken in separate blocks of time or via a reduced schedule due to a single qualifying reason.
Question 5: When an employee is on paid leave (e.g., PTO) that runs concurrently with FMLA, how is payroll affected?
- The employee receives double pay
- FMLA leave is unpaid; PTO cannot run concurrently
- The employer may require or the employee may choose to substitute paid leave, but total pay is the regular rate — not additional (Correct answer)
- The employer must pay a 10% premium during FMLA
Correct answer: The employer may require or the employee may choose to substitute paid leave, but total pay is the regular rate — not additional
Employers may require (or employees may elect) to substitute accrued paid leave for unpaid FMLA leave, resulting in normal pay without any additional premium.
Question 6: What is the 'use-it-or-lose-it' policy in the context of PTO?
- A policy requiring employees to use earned leave within a set period or forfeit the balance (Correct answer)
- A federal law mandating that PTO must roll over each year
- A rule requiring employers to pay out unused PTO annually
- A DOL regulation limiting PTO accrual caps
Correct answer: A policy requiring employees to use earned leave within a set period or forfeit the balance
A use-it-or-lose-it policy requires employees to use their accrued leave by a specified date or lose the remaining balance.
CPM CPM Leave Management & PTO Accruals 1
Under the federal FMLA, how many weeks of unpaid, job-protected leave is an eligible employee entitled to per year?