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2018 FMLA/CFRA Master Class: Advanced Skills for Employee Leave Management in California (blr)
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2018 FMLA/CFRA Master Class: Advanced Skills for Employee Leave Management in California
On-Site Seminars: San Francisco | Monday, December 10, 2018
Morning 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 Right 8:30 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 easily How leave rules and recent court decisions define who qualifies as a covered family member How to coordinate leave for workers caring for adult children The rules for determining in loco parentis status How 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’t How many health conditions it takes to be “serious” What to do if a medical certification is incomplete or unclear Your options if an employee or doctor doesn’t cooperate with obtaining the required certifications When you may require employees to provide recertification of a serious health condition The “do’s and don’ts” of return-to-work certifications
Break 10:00 a.m. – 10:15 a.m.
Meeting FMLA/CFRA Deadlines: Notification, Curbing Abuse, and Preventing Claims 10:15 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 PDL How to give the notices required under FMLA and CFRA—on time and on point What to do if an employee refuses FMLA/CFRA designation Selecting the best type of FMLA/CFRA leave year for your organization Counting holidays that fall during leave Rules for “making up” FMLA/CFRA leave Handling suspected FMLA/CFRA abuse without running afoul of the law How to manage employee leave without risking claims of interference How 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 leave How to handle leave duration How to calculate leave for fluctuating work schedules The rules on substitution of various types of paid leave for FMLA/CFRA leave When employees have job reinstatement rights and when they do not Tips 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 Laws 1:15 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 PDL Why FMLA serious health conditions are more likely to qualify as disabilities under the ADAAA and FEHA When you should offer leave as a reasonable accommodation under the ADA/FEHA How to offer accommodations other than leave without violating the FMLA/CFRA When you can require employees to take FMLA/CFRA leave concurrently with workers’ comp leave What kind of benefits Paid Family Leave (PFL) provides and when it comes into play Employers’ rights and obligations under the patchwork of paid sick leave laws in California How the state Kin Care law affects employee leave Additional developments in California leave law, such as the New Parent Leave Act, effective January 1, 2018
Break 2:30 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 Knowledge 2:45 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 sufficient Employee does not return the certification Employee refuses to update the certification if need for leave changes Employee does not submit fitness-for-duty certification at end of leave
2. Intermittent leave
Certification of need for intermittent leave Specific information on when leave is needed, expected frequency and duration What to do if an employee uses more leave than expected Abuse of intermittent leave (Mondays and Fridays, before and after holidays)
3. Reduced schedule leave
Certification and specific information on reduced hours, expected duration Updating certification Tracking leave time
4. FMLA/CFRA during holidays and shutdowns
How to count FMLA/CFRA leave during holidays Administering FMLA/CFRA leave during extended plant or office shutdowns Determining 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 taken Addressing performance issues that arise during intermittent or reduced schedule leave Addressing performance issues discovered while an employee is on leave Reductions 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 restrictions Temporarily unable to perform essential functions Unable to perform essential functions in the long-term
7. FMLA, CFRA, and PDL—and how they work together
Employer coverage and employee eligibility under PDL When FMLA can run concurrently with PDL or CFRA leave
Final Questions and Closing 4:00 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 San Francisco Faculty with Freeland, Cooper, and Foreman, LLP
Mark Schickman, Esq. Partner
Mark Schickman received his Bachelor of Arts and Juris Doctorate degrees from Columbia University, where he was a Harlan Fiske Stone Scholar and the recipient of Columbia’s Whitney North Seymour Medal for Distinguished Trial Advocacy. He has held numerous elected bar positions, including service as President of the Bar Association of San Francisco, and Governor of the State Bar of California. He is the immediate past chair of California’s Judicial Nominees Evaluation Commission. For the past 30 years, Mr. Schickman has concentrated on employment and labor law, litigating every type of employment matter and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union related charges and all other aspects of the employment relationship. He is a member of the American Arbitration Association’s select panel of employment arbitrators, a member of the Board of Governors of the American Bar Association and is the Editor of the California Employment Law Letter.
Cathleen S. Yonahara, Esq. Partner
Cathleen Yonahara received her law degree from the University of California, Hastings College of Law in 1999. She concentrates her practice on labor and employment law, including Title VII, FEHA, ADA, ADEA, FMLA, CFRA, and the California Labor Code. Ms. Yonahara has represented clients before federal and state courts, the EEOC, the DFEH, the California Labor Commissioner and other government agencies. Her employment litigation practice includes claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, unfair competition, wage and hour violations, and breach of contract. Ms. Yonahara’s practice also includes counseling clients on all aspects of the employment relationship from hiring to termination. She is an experienced speaker on labor and employment law matters, such as complying with California employment laws, preventing sexual harassment, legally managing leaves of absences, and wage and hour compliance. Ms. Yonahara is also the Assistant Editor of the California Employment Law Letter.
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