2018 FMLA/CFRA Master Class:Advanced Skills for Employee Leave Management in California - Pasadena (BLR)
On-Site Seminars:Pasadena | Thursday, December 6, 2018Morning Focus: Mastering FMLA Fundamentals Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application
Think employee leave management is a one-time policy issue? Be careful! New and confusing regulations, conflicting court decisions, and increasing employee abuse of FMLA/CFRA protections means family and medical leave will remain one of HR’s biggest management headaches.
To help you master your obligations and avoid costly penalties, the publisher of your state's Employment Law Letter has crafted a cost-effective and engaging solution: 2018 FMLA/CFRA Master Class Advanced Skills for Employee Leave Management in California. This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. Experienced attorneys will provide substantive instruction on fundamental FMLA compliance principles in light of new and existing regulations, court rulings, and application of this far-reaching law. You’ll engage with your instructors and your peers, solving challenges you face day in and day out concerning intermittent leave, return to work, employee performance, and much more.
This event teaches employee leave management essentials while instilling the confidence you need to make the right coverage calls, control abuse and fraud, answer the toughest questions from employees and your executive colleagues, and avoid the expensive missteps that have devastated other employers.
You’ll enhance your advanced-practitioner skill set when you attend this satisfaction-guaranteed event and learn:
How to judge a “serious health condition” the way a real judge would, and eliminate disputes about what does and doesn’t constitute it The latest FMLA/CFRA revisions, so you don’t risk noncompliance What recent FMLA/CFRA court decisions really mean, so you can adjust your policies accordingly Why FMLA/CFRA recordkeeping continues to trip up even the savviest human resource managers, and some solutions to avoid similar mistakes How to tame the intermittent leave and reduced schedule beasts, and put a stop to abuse and fraud How FMLA/CFRA, ADA, and state workers’ comp laws overlap, so you can avoid violations And more!
Master Class Agenda
Registration 7:30 a.m. – 8:30 a.m.
Part I—Mastering FMLA Essentials
FMLA/CFRA Eligibility: Granting FMLA/CFRA Leave When It’s Due and Getting It Right8:30 a.m. – 9:00 a.m. Could you be missing critical first steps in managing FMLA/CFRA leave—determining employee eligibility? A defined, consistent process helps you not only deny leave when California workers don’t qualify, you’ll grant leave for a period that is reasonable and necessary when they do. In this opening session, gain new insights on eligibility determinations and recent trends and developments affecting leave. You’ll be armed to adjust policies and practices in 2018 to ensure compliance with the changing regulatory, legal, and practical landscape:
How to determine FMLA/CFRA eligibility quickly and easilyHow leave rules and recent court decisions define who qualifies as a covered family memberHow to coordinate leave for workers caring for adult childrenThe rules for determining in loco parentis statusHow to coordinate leave when CFRA and FMLA differ
Managing Serious Health Conditions and Medical Certifications 9:00 a.m. – 10:00 a.m.At the heart of many FMLA/CFRA leave requests is the serious health condition. The regulations do offer some guidance and allow you to require medical certification, yet there are a multitude of reasons for needing time off. Assessing those reasons requires keen judgment, and this session will show you how to make the right call.You’ll learn about:
Illnesses and injuries that may be serious health conditions — even though the regulations say they generally aren’tHow many health conditions it takes to be “serious”What to do if a medical certification is incomplete or unclearYour options if an employee or doctor doesn’t cooperate with obtaining the required certificationsWhen you may require employees to provide recertification of a serious health conditionThe “do’s and don’ts” of return-to-work certifications
Break10:00 a.m. – 10:15 a.m.
Meeting FMLA/CFRA Deadlines: Notification, Curbing Abuse, and Preventing Claims10:15 a.m. – 11:00 a.m. FMLA and CFRA are ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and for determining how much leave employees have remaining in a given year. A good grasp of timing rules—and learning how to monitor other key areas of FMLA/CFRA usage—can help you prevent abuse and fend off litigation. This session covers:
DFEH’s required posters for CFRA and PDLHow to give the notices required under FMLA and CFRA—on time and on pointWhat to do if an employee refuses FMLA/CFRA designationSelecting the best type of FMLA/CFRA leave year for your organizationCounting holidays that fall during leaveRules for “making up” FMLA/CFRA leaveHandling suspected FMLA/CFRA abuse without running afoul of the lawHow to manage employee leave without risking claims of interferenceHow to legally discharge employees who are on or just returned from FMLA/CFRA leave
Mastering Tough FMLA/CFRA Issues 11:00 a.m.– 12:15 p.m.It’s one thing to understand FMLA/CFRA rules, but another thing entirely to apply them in the real world. For example, intermittent leave seems pretty straightforward, but what about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? How do you handle an investigation by DOL or DFEH? This session will show you:
How to manage intermittent and reduced schedule leaveHow to handle leave durationHow to calculate leave for fluctuating work schedulesThe rules on substitution of various types of paid leave for FMLA/CFRA leaveWhen employees have job reinstatement rights and when they do notTips on how to effectively manage an investigation by the DOL or DFEH
Networking Power Lunch (meal included with your registration)12:15 p.m. – 1:15 p.m.
All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Leave Laws1:15 p.m. – 2:30 p.m.FMLA isn’t the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. Learn when other laws create different obligations—and how their requirements work in tandem with FMLA. In this session, we’ll cover:
How the FMLA and CFRA differ on pregnancy leave and how they interact with PDLWhy FMLA serious health conditions are more likely to qualify as disabilities under the ADAAA and FEHAWhen you should offer leave as a reasonable accommodation under the ADA/FEHAHow to offer accommodations other than leave without violating the FMLA/CFRAWhen you can require employees to take FMLA/CFRA leave concurrently with workers’ comp leaveWhat kind of benefits Paid Family Leave (PFL) provides and when it comes into playEmployers’ rights and obligations under the patchwork of paid sick leave laws in CaliforniaHow the state Kin Care law affects employee leaveAdditional developments in California leave law, such as the New Parent Leave Act, effective January 1, 2018
Break2:30 p.m. – 2:45 p.m.
Part II—Intensive Workshop Addressing the Real-Life Application of FMLA/CFRA Rules, DOL/DFEH Regulations, and Court Rulings
Applying Your Knowledge2:45 p.m. – 4:00 p.m.In this highly interactive portion of the FMLA Master Class, your faculty of labor and employment attorneys will walk you through a series of scenarios illustrating real-life FMLA and CFRA issues that stump even the most seasoned of HR practitioners. You’ll discuss case-studies with the lawyers and fellow attendees to determine the correct course of action, based on the facts and FMLA compliance principles.
Recent court rulings, long-standing precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop to provide actionable guidance on tricky FMLA/CFRA challenges facing California employers in 2018. We’ll dive deep into:
1. Medical certifications and what to do when:
Certification submitted by employee is not sufficientEmployee does not return the certificationEmployee refuses to update the certification if need for leave changesEmployee does not submit fitness-for-duty certification at end of leave
2. Intermittent leave
Certification of need for intermittent leaveSpecific information on when leave is needed, expected frequency and durationWhat to do if an employee uses more leave than expectedAbuse of intermittent leave (Mondays and Fridays, before and after holidays)
3. Reduced schedule leave
Certification and specific information on reduced hours, expected durationUpdating certificationTracking leave time
4. FMLA/CFRA during holidays and shutdowns
How to count FMLA/CFRA leave during holidaysAdministering FMLA/CFRA leave during extended plant or office shutdownsDetermining whether an employee on FMLA/CFRA leave during holidays is entitled to holiday pay
5. Addressing performance issues that arise prior to the request for leave
What to do when an employee requests FMLA/CFRA leave in the midst of the disciplinary process or just before discipline or termination steps are takenAddressing performance issues that arise during intermittent or reduced schedule leaveAddressing performance issues discovered while an employee is on leaveReductions in force while employee is on FMLA/CFRA leave
6. Return to work—what to do if an employee is:
Not able to return to work at end of leave (ADA/FEHA considerations)Cleared to return to work with restrictionsTemporarily unable to perform essential functionsUnable to perform essential functions in the long-term
7. FMLA, CFRA, and PDL—and how they work together
Employer coverage and employee eligibility under PDLWhen FMLA can run concurrently with PDL or CFRA leave
Final Questions and Closing4:00 p.m. – 4:30 p.m.Have lingering questions about points raised during this intensive FMLA/CFRA workshop or want to revisit a fundamental concept or two from earlier? Take advantage of this opportunity to get clarification from the attorneys before we wrap up for the day.
Your Pasadena Faculty with Fisher Phillips
Danielle H. MoorePartner
Attorney Danielle H. Moore is the chair of the firm’s Women’s Initiative and Leadership Council. She represents and counsels employers in all aspects of labor and employment law, including employment discrimination, wrongful termination, workplace harassment, retaliation, unfair competition and wage-hour lawsuits, employment handbook and personnel policy preparation, and general preventive advice including hiring, discipline and termination practices. Ms. Moore as experience litigating matters in state and federal courts, state administrative tribunals, such as the Fair Employment and Housing Commission, and in arbitration. She regularly conducts management training and lectures on labor and employment issues. Danielle also teaches an employment law course at San Diego State University’s College of Extended Studies and serves on the Human Resources Advisory Board for the College. Ms. Moore was selected as one of SD Metro’s 40 Under 40 for 2013. The award honors the top 40 business people in San Diego under the age of 40. She was also selected as a San Diego County Top Attorney for 2014 in the Labor/Employment practice category and was chosen as one of the Best of the Bar in 2014 for Labor & Employment. Danielle is "AV" Peer Review Rated Preeminent by Martindale-Hubbell.
CREDIT INFORMATION: BLR is a recognized provider of recertification credits. HR Certification Institute® pre-approved this program for 11.0 HR California credit towards aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification (and up to 16.5 general credit hours if you attend two pre-conference workshops).
Business & Legal Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP.
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