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California: 2020 FMLA/CFRA Master Class

California: 2020 FMLA/CFRA Master Class

Product Code: FCA--


1st Attendee $549.00*
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Save $100.00$449.00 each

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$549.00
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For questions or group discounting, please contact our sales team at EventSales@BLR.com or call 800-274-6774 ext. 8996.

2020 FMLA/CFRA Master Class: California Advanced Skills for Employee Leave Management

On-Site Seminars:
Pasadena, CA | Wednesday, October 7, 2020
San Diego, CA | Wednesday, December 9, 2020
San Francisco, CA | Wednesday, December 16, 2020

Morning Focus: Mastering FMLA/CFRA 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 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: 2020 FMLA/CFRA Master Class: California Advanced Skills for Employee Leave Management 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 revisions, so you don’t risk noncompliance
  • What recent FMLA court decisions really mean, so you can adjust your policies accordingly
  • Why FMLA 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, ADA, and state workers’ comp laws overlap, so you can avoid violations
  • And more!

*BLR is carefully monitoring the COVID-19 situation and reviewing recommendations from the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO). This masterclasss is scheduled to be held as planned and we look forward to welcoming you to California.

"When an employer routinely disregards the FMLA rights of its workers, whole families can be harmed. We will continue to use all enforcement tools at our disposal to uphold FMLA protections for workers and make sure that all employers operate in compliance with the law."

– Wayne Kotowski, Wage & Hour Division, U.S. Department of Labor

Master Class Agenda

Registration
7:30 – 8:30 a.m. 

Part I—Mastering FMLA/CFRA Essentials

FMLA/CFRA Eligibility: Getting It Right
8:30 a.m. – 9:00 a.m.
Establishing employee eligibility is the critical first step in administering FMLA/CFRA leaveAnd it’s a step that’s easily overlooked in the flurry of notices and certifications that follow a request for leave. But confirming that employees are eligible to take requested leave in the first place sets the foundation for a fair and consistently applied leave program. This topic will also set the foundation for our program, as we’ll use this introductory session to briefly assess your current knowledge of FMLA/CFRA fundamentals. We’ll also highlight recent trends and developments affecting leave and discuss how to proactively adjust your policies and practices to ensure compliance with the ever-changing regulatory, legal, and practical landscape. You’ll learn:

We’ll cover:

  • A quick overview of FMLA/CFRA basic requirements
  • How to determine FMLA/CFRA eligibility quickly and easily
  • How the FMLA rules and related court decisions affect key definitions, such as who qualifies as a covered family member
  • How to coordinate leave when CFRA and FMLA differ
  • Recent trends and developments affecting leave


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. Whether the condition is the employee’s own, or that of a covered family member, often employers will need additional guidance to assess whether a condition qualifies for FMLA/CFRA leave. While the regulations do provide some assistance, the medical certification is a critical resource for employers, here. Understanding your rights to request certification—and to delay or deny leave when certification is incomplete or insufficient—is an empowering tool in your leave toolbox.

We’ll also discuss the process of requesting recertification in compliance with FMLA and CFRA requirements, as well as the steps you must take if you wish to require a medical release for return to work (a.k.a. fitness for duty certification).

You’ll learn:

  • Key distinctions between FMLA and CFRA serious health conditions
  • Tips and guidance for “grey area” conditions, including multiple concurrent conditions
  • What to consider when an employee wants to attend special education meetings for his or her child
  • What to do when a medical certification is incomplete or unclear
  • Your options when 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. 
The 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 of FMLA/CFRA entitlements 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
  • What to do if an employee refuses FMLA/CFRA designation
  • Selecting the best FMLA/CFRA leave year for your organization
  • Counting holidays that fall during leave
  • Rules regarding “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 the Tough FMLA/CFRA Issues
11:00 a.m. – 12:15 p.m.
It’s one thing to grasp individual FMLA/CFRA rules, but another thing entirely to put those pieces together in the real world. For example, intermittent leave seems pretty straightforward on paper, but how employers really manage it is another story. What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an investigation by DOL or DFEH? This session will help you learn:

  • How to manage intermittent and reduced schedule leave
  • How to handle leave duration
  • How to calculate leave for fluctuating work schedules
  • The rules regarding 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

 

Lunch (provided)
12:15 p.m. – 12:45 p.m.              


All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws
12:45 p.m. – 2:00 p.m.
FMLA seems pretty comprehensive, but it’s not 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. You need to know 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 when it comes to pregnancy leave and how they interact with PDL
  • 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.


Break
2:00 p.m. – 2:15 p.m.              


Part II—Intensive Workshop Addressing the Real-Life Application of FMLA/CFRA Rules, DOL/DFEH Regulations, and Court Rulings

Applying Your Knowledge
2:15 p.m. – 3:30 p.m. 
During this highly interactive portion of the FMLA/CFRA Master Class, your trainers, who are experienced labor and employment attorneys, will walk you through a series of scenarios demonstrating the real-life FMLA/CFRA issues that stump even the most seasoned of HR practitioners. You’ll have the opportunity to discuss issues with your trainers and fellow attendees to determine the correct course of action to take, based on the facts presented and your knowledge of fundamental FMLA compliance principles.

Recent court rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop with the goal of providing you with actionable insights into the tricky FMLA/CFRA issues that come up in daily work life.

You’ll dive deep into:

1. Addressing issues with 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
3:30 p.m. – 4:00 p.m.                                
Have lingering questions about points raised during this intensive FMLA/CFRA hypo-driven workshop or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the attorneys before you wrap up for the day.

*Agenda subject to change


Your Pasadena & San Diego Faculty, Attorney with Fisher & Phillips LLP

Danielle MooreDanielle Moore

Danielle Moore is a partner in Fisher Phillip LLP’s San Diego office and chair of the firm’s Development Committee. She represents and counsels employers in all aspects of labor and employment law, including employment discrimination, wrongful termination, harassment, retaliation, and wage-hour class action lawsuits, as well as employment handbook and personnel policy preparation, and general preventive advice including hiring, discipline and termination practices. Danielle has experience litigating matters in state and federal courts, state administrative tribunals, and in arbitration.
Moore regularly conducts management training and lectures on employment issues. She also teaches an employment law course at San Diego State University and serves on the Human Resources Advisory Board for the University. Danielle also serves on the Board of Directors for the PHCC Academy and the Lawyers Club of San Diego. Danielle also serves as President of the Lawyers Club’s North County Chapter.

Moore is "AV" Peer Review Rated Preeminent by Martindale-Hubbell and was recently recognized in the 2020 edition of “Best Lawyers in America,” one of San Diego’s 2014, 2015, 2016, and 2018 "Top Attorneys," one of 2014 and 2015’s "Best of the Bar," as well as one of the "Top 40 under 40 Best and Brightest Minds of San Diego." Danielle was also a 2016 finalist for San Diego Magazine’s “Woman of the Year." She is also the former co-chair of the firm’s firm-wide Women's Initiative and Leadership Council.

Your San Diego Faculty, Attorney with Fisher & Phillips LLP

Miranda Watkins 

Miranda Watkins, an associate in the San Diego office of Fisher Phillips LLP, represents national, regional, and local employers in a range of industries, including construction, assisted living facilities, car dealerships, retail, hospitality, education, fitness, staffing companies, railroad and transportation, and aerospace and defense manufacturing. Watkins litigates various employment claims, including discrimination, leaves of absences, wage and hour, pay equity, harassment, retaliation, and wrongful termination. She is adept at cost-effective resolution, often resolving cases before a lawsuit is filed. She is also skilled at obtaining case dismissals at the summary judgment stage, and she is passionate about counseling businesses of all sizes on day-to-day employment issues, offering preventative counseling such as handbook and policy advice and drafting, harassment and manager trainings, and workplace investigation counseling to protect employers. Her passion for employer-focused employment law stems from her family owning an oil construction business in Bakersfield, California, restaurants, and assisted living facilities.

Watkins is a frequent lecturer on employment law topics and has presented countless seminars to management, executives, human resource professionals and employer groups on topics including digital addictions, marijuana legalization, pay equity, misclassification issues, arbitration agreements, disability discrimination and reasonable accommodations, leaves of absence, wage and hour issues, workplace investigations, discrimination, and social media and the workplace. She also serves as an Adjunct Professor for San Diego State University’s College of Extended Studies, teaching Human Resources and the Law. She and a colleague also recently developed a free monthly employment law webinar series for their clients.
Watkins has previously been named as a Finalist for San Diego Business Journal’s “Leaders in Law” award.

 

Your San Francisco Faculty, Attorneys with Freeland Cooper & Foreman LLP

Mark SchickmanMark Schickman
Mark Schickman has been practicing employment and labor law for 40 years. He has successfully litigated almost every type of employment case in the courts, before juries and administrative agencies and on appeal. He provides employment advice to employers across the country. He is also an experienced and effective litigator, doing civil commercial trial work before judges and juries. He speaks and writes on litigation and employment law nationally, and has been quoted in legal and general circulation publications across the country. Mark is a member of the American Arbitration Association's select panel of employment law arbitrators and is the Editor of the California Employment Law Letter.


Cathleen YonaharaCathleen Yonahara
Cathleen Yonahara concentrates her practice on employment and labor law. Cathleen has successfully represented employers in courts and before various government agencies, including the United States Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Labor Commissioner. She has litigated all types of employment matters, including claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, breach of contract, violation of California Family Rights Act, misappropriation of trade secrets, and wage and hour violations. Cathleen also represents clients in commercial business disputes.

In addition to her litigation practice, Cathleen also provides advice and counseling to employers on all aspects of the employment relationship in order to avoid potential legal disputes. She advises employers on the myriad legal requirements facing California employers including anti-discrimination and harassment laws, family and medical leave laws, wage and hour compliance, and proper classification of independent contractors and exempt employees. She conducts audits of her client’s employment practices, policies and agreements to ensure compliance with federal and state employment laws, and drafts employee handbooks and personnel policies, and employment, arbitration, confidentiality and severance agreements. She also counsels executives on negotiating employment agreements and severance agreements.

Cathleen serves as the Assistant Editor to the California Employment Law Letter, a semimonthly newsletter focused on current labor employment cases in California. She is an experienced speaker and trainer on all aspects of the employment relationship.

Program Locations and Dates

When: Wednesday, October 7, 2020
Where: Sheraton Pasadena Hotel
303 Cordova St.
Pasadena, CA 91101

When: Wednesday, December 9, 2020
Where: Homewood Suites by Hilton San Diego/Del Mar
11025 Vista Sorrento
Parkway San Diego, CA 92130

When: Wednesday, December 16, 2020
Where: Hyatt Place/Emeryville
5700 Bay Street
Emeryville, CA 94608