Certified Leave Management Specialist (CLMS) Certification Practice Test

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What act protects employees from retaliation when exercising their FMLA rights?

Employee Retirement Income Security Act
Occupational Safety and Health Act
Family and Medical Leave Act
Fair Labor Standards Act

The correct answer is: Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is specifically designed to protect employees' rights to take unpaid leave for qualifying medical and family reasons without the fear of losing their job or facing retaliation from their employer. Under the FMLA, employees are entitled to up to 12 weeks of unpaid leave for specific family and medical needs, and the act includes provisions that prohibit employers from retaliating against employees who exercise their rights under this law. This means that if an employee takes FMLA leave, they cannot be demoted, fired, or discriminated against in any way for their decision to take that leave. The other acts mentioned serve different purposes: The Employee Retirement Income Security Act primarily focuses on employee benefits and pensions, the Occupational Safety and Health Act is concerned with workplace safety, and the Fair Labor Standards Act regulates minimum wage and overtime pay. While these laws address important aspects of employment rights, they do not specifically protect against retaliation related to leave for medical or family reasons, which is the focus of the FMLA.