This is a general educational tool, not legal advice. Specific FMLA decisions depend on the facts, applicable law, employer policies, and professional judgment.
Scenario 1 of 2
Attendance points and possible FMLA
An employee has missed several Mondays for medical appointments. They tell their supervisor they are receiving treatment for a serious health condition. The supervisor says, “You need to follow the attendance policy like everyone else,” and HR sees that the employee is close to termination under the points system.
What should HR do next?
Best answer: B
Why: Before treating absences as ordinary attendance issues, HR should evaluate whether the information may trigger FMLA obligations.
Why A is risky: Consistent enforcement of an attendance policy does not erase possible FMLA notice, interference, or retaliation risk.
Why C is risky: Supervisors should not casually gather diagnosis details. HR should control the medical certification process and use the proper FMLA forms and workflow.
What to document:
What information the employee provided
When the supervisor learned it and when HR learned it
What FMLA notices or follow-up steps HR sent
Whether any pending discipline was paused for FMLA review
Rule reference to review: 29 CFR 825.300(b) and 29 CFR 825.303(b).
Scenario 2 of 2
Incomplete certification and the cure step
An employee submits a medical certification for intermittent leave, but the form is missing the expected frequency and duration of the needed absences. The employee has already missed two more days. A manager asks HR whether those absences can be denied and counted under the attendance policy because the certification is incomplete.
What should HR do next?
Best answer: B
Why: When certification is incomplete or insufficient, HR should identify what information is missing and provide the required opportunity to cure before relying on the deficiency to deny protection.
Why A is risky: Denying immediately can skip the cure step and create avoidable documentation risk.
Why C is risky: Medical follow-up should be controlled through the proper FMLA certification process and limited to authorized contacts and questions.
What to document:
What information was missing or unclear
When written cure notice was sent
The cure deadline provided
Any follow-up received before designation or denial
Rule reference to review: 29 CFR 825.305(c).
Results
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FMLA mistakes often start as ordinary workflow gaps: a supervisor does not escalate information, HR waits too long, a certification issue is not cured in writing, or a deadline is missed.
FMLAReady is built to help small HR teams keep those steps visible.
Keep the next step from falling through the cracks.
FMLAReady tracks notices, certification deadlines, cure steps, designation decisions, and intermittent leave logs in one focused browser tool.
Disclaimer: This simulator is for general educational purposes only. It is not legal advice and does not determine whether any specific employee is eligible for FMLA or whether any specific leave must be approved. Employers are responsible for reviewing the facts, applying applicable law, and seeking legal advice when needed. FMLAReady is a workflow aid, not a substitute for professional judgment.