Certified Disability Management Specialist (CDMS) Practice Exam

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Which type of employee would most likely qualify as a key employee under FMLA?

Part-time workers

Temp workers

Salaried employees in the highest earning bracket

The reasoning behind choosing salaried employees in the highest earning bracket as the most likely candidates to qualify as key employees under the Family and Medical Leave Act (FMLA) lies in the definition provided by the act itself. Key employees are defined as those among the highest paid 10% of all employees in the company. This classification recognizes that these individuals are vital to the company's operations, and their absence could significantly impact the business's functioning.

Salaried employees in the highest earning bracket typically hold positions of considerable responsibility and authority, making their roles crucial during their absence. The rationale of the FMLA includes balancing the needs of employees who require leave against the need of employers to maintain operations efficiently, which primarily affects those in key leadership or impactful positions.

In contrast to this, part-time workers, temp workers, or employees of any salary level do not fit the criteria set for key employees under the FMLA, as they may not play as critical a role in the overall operations or financial stability of the organization, thus not meeting the specific thresholds outlined by the legislation.

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All employees regardless of salary

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