HR Source

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  1. What is the relationship between requirements of the FMLA (The Family and Medical Leave Act) the ADA (Americans with Disabilities Act) and Title VII?

  2. How do the ADA and the FMLA requirement compare regarding intermittent or occasional leave?

  3. Do the ADA and the FMLA require an employer to continue an employee's health insurance coverage during medical leave?

  4. As an alternative to a leave of absence, may an employer offer an effective reasonable accommodation that will enable an employee to continue working?

  5. Does the FMLA's limit of 12 workweeks of leave in a 12 - month period mean that the ADA also limits employees to 12 weeks of leave per year?

  6. Are all employees who are protected by Title VII or the ADA also entitled to leave under the FMLA?

  7. Is an FMLA "serious health condition" the same as an ADA "disability"?


  1. Does the ADA require an employer to give an employee time off to care for a spouse, son, daughter, parent or other individual with a disability?

  2. Who is protected from employment discrimination?

  3. Who is a "qualified individual with a disability"?

  4. Does an employer have to give preference to a qualified applicant with a disability over other applicants?

  5. Does the ADA require employers to develop written job descriptions?

  6. What is "reasonable accommodation"?

  7. What are some of the accommodations applicants and employees may need?

  8. When is an employer required to make a reasonable accommodation?

  9. What are the limitations on the obligation to make a reasonable accommodation?

  10. Must an employer modify existing facilities to make them accessible?

  11. Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?

  12. Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to a qualified applicant or employee with a disability?

  13. Can an employer maintain existing production/performance standards for an employee with a disability?

  14. Can an employer establish specific attendance and leave policies?

  15. Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?

  16. Does the ADA override Federal and State health and safety laws?

  17. How does the ADA affect workers' compensation programs?

  18. What is discrimination based on "relationship or association" under the ADA?

  19. How are the employment provisions enforced?

  20. What financial assistance is available to employers to help them make reasonable accommodations and comply with the ADA?

  21. What are an employer's record keeping requirements under the employment provisions of the ADA?

  22. Does the ADA require that an employer post a notice explaining its requirements?

  23. What resources does the Equal Employment Opportunity Commission have available to help employers and people with disabilities understand and comply with the employment requirements of the ADA?

  24. Can an employer refuse to hire an applicant or fire a current employee who is illegally using drugs?

  25. Is testing for illegal drugs permissible under the ADA?

  26. Does the ADA cover alcoholics?


  1. Is your plan covered by COBRA?

  2. Are all employers subject to the COBRA rules?

  3. What is a group health plan?

  4. What are the rules for counting employees when considering qualifications for COBRA?

  5. Who is entitled to COBRA coverage?

  6. Who are qualified beneficiaries?

  7. What events trigger COBRA coverage?

  8. What if an employee or family member's coverage was reduced or eliminated before a qualifying event?

  9. What if the loss of coverage takes place sometime after the qualifying event?

  10. Do the COBRA coverage rules apply if an employee is terminated for cause?

  11. What is meant by a reduction in hours?

  12. What kind of coverage must be offered?

  13. What if the employer later makes changes in the health plan covering a COBRA beneficiary?

  14. Who is responsible for COBRA coverage when a business is sold?

  15. What if a COBRA beneficiary moves out of the area served by the employer's plan?

  16. How do plan deductibles apply to a COBRA beneficiary?

  17. How does the employer handle limits on plan benefits?

  18. Can a COBRA beneficiary ever change his or her coverage?

  19. How long does COBRA coverage last?

  20. Can COBRA coverage be cut off earlier than the end of the maximum coverage period?

  21. Can an employer terminate COBRA coverage upon the beneficiary becoming eligible for other coverage?

  22. Are there any other circumstances in which an employer can terminate a beneficiary's COBRA coverage?

  23. Is the COBRA coverage period ever extended?

  24. What if the employer provides non-COBRA coverage for a period of time after a qualifying event? Does that extend the COBRA coverage period?

  25. Does a qualified beneficiary have to be offered the right to enroll in a conversion plan at the end of the COBRA period?

  26. How do beneficiaries elect COBRA coverage?

  27. When does the election have to be made?

  28. Does the covered employee or qualified beneficiary have to inform the plan of a qualifying event?

  29. Does the plan have to provide coverage before the election is made?

  30. What if a beneficiary waives COBRA coverage before the end of the election period?

  31. Can the employer withhold money or other benefits until a beneficiary makes up his or her mind about COBRA coverage?

  32. If multiple beneficiaries lose coverage because of a qualifying event, can each one make a separate COBRA election?

  33. How do beneficiaries pay for COBRA coverage?

  34. How does the plan figure the premium?

  35. Can the plan charge for the period of coverage before the COBRA election is made?

  36. Can the plan increase a beneficiary's premium during the COBRA coverage period?

  37. At what intervals can the plan require premiums to be made?

  38. What if the beneficiary doesn't pay, or doesn't pay on time?

  39. What if the beneficiary does not pay in full?


  1. What leave is an employee entitled to under the FMLA?

  2. Who is considered an immediate "family member" for purposes of taking FMLA leave?

  3. How is the 12-month period calculated under FMLA?

  4. Do the 12 months of service with the employer have to be continuous or consecutive?

  5. What other rights do "eligible" employees have in conjunction with FMLA leave?

  6. Which employees are eligible to take FMLA leave?

  7. Do the 1,250 hours include paid leave time or other absences from work?

  8. If an employer fails to tell employees that the leave is FMLA leave, can the employer count the time they have already been off against the 12 weeks of FMLA leave?

  9. Can the employer count time on maternity leave or pregnancy disability leave as FMLA leave?

  10. Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?

  11. What is a "serious health condition" under the FMLA?

  12. Does workers' compensation leave count against an employee's FMLA leave entitlement?


  1. How does HIPAA limit the preexisting conditions that can be excluded from coverage under preexisting condition exclusion?

  2. Are there other "preexisting conditions" that cannot be excluded from coverage?

  3. What is "creditable coverage"?

  4. How does "crediting" for prior coverage work under HIPPA?

  5. Can plans contract with an issuer to provide the certificates for their employees?

  6. When must group health plans and issuers provide the certificates?

  7. Are plans and issuers required to issue certificates of creditable coverage to dependents of covered employees?

  8. What is the minimum period of time that should be covered by the certificate?

  9. What are a plan's obligations with respect to special enrollment when an individual becomes a new dependent through marriage, birth, adoption, or placement for adoption?