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COVID-19 Paid & Unpaid Leave & Disability Accommodation Management in California: Virtual Masterclass - On-Demand

COVID-19 Paid & Unpaid Leave & Disability Accommodation Management in California: Virtual Masterclass - On-Demand

Product Code: YFV05052020

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COVID-19 Paid & Unpaid Leave & Disability Accommodation Management in California: Virtual Masterclass - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Learn how to comply with California and federal paid sick and family leave and disability accommodation requirements during the COVID-19 crisis.


Amid the COVID-19 crisis, there’s a new leave administration component employers in California need to address—the Families First Coronavirus Response Act (FFCRA), which goes into effect April 1, 2020.

The FFCRA, the federal Family and Medical Leave Act (FMLA), and a host of state and local laws that could be at play present HR professionals with a complex web to maneuver as the COVID-19 pandemic continues.

The federal Department of Labor (DOL) issued guidance on the FFCRA on March 24 on the FFCRA, which covers:

  • How much leave employees are entitled to under this emergency legislation;
  • Which employers are “covered” under the Act;
  • How much notice employees exercising their rights under the FFCRA must provide;
  • The duration of available leave; and
  • Calculation of pay during paid time off


Also, the DOL issued additional guidance on the FFCRA on March 26, which includes but is not limited to the following:

  • How to request and document leave under the FFCRA;
  • What it means to be “unable” to work or telework;
  • Whether or not intermittent leave under the FFCRA’s Emergency Paid Sick Leave and Emergency FMLA provisions is allowed; and
  • Whether or not health coverage continues during leave.

Understandably, employers are struggling to understand the interplay between the FFCRA, FMLA/the California Family Rights Act (CFRA), the Americas with Disabilities Act, the Fair Employment and Housing Act (FEHA), state workers’ compensation laws, and paid sick and family leave laws at the state and municipal levels.

Use this on-demand virtual webinar training to get up to speed on how the FFCRA intersects with FMLA/CFRA and how to manage this new—mandated—realm of paid family leave along with unpaid leave obligations under FMLA/CFRA.

California labor and employment attorneys will provide the latest insights into how to get a handle on paid and unpaid leave during the COVID-19 crisis.

Agenda

Through comprehensive instruction, you’ll learn:

  • Answers to pressing COVID-19-related questions like: 
    • Under the FFCRA, did an employee have to be actively at work on April 1 to take advantage of the paid sick/FMLA/CFRA act? 
    • Is emergency paid sick leave under the FFCRA in addition to employer-provided time?
    • Should leave under the new FFCRA be designated as FMLA/CFRA leave?
    • Can an employer require a worker who is quarantined to exhaust paid sick leave?
  • How to master paid and unpaid leave administration challenges during the COVID-19 crisis, including: 
  • Leave requests and FMLA/CFRA eligibility;
  • Medical certifications;
  • Dealing with quarantine and shelter-in-place orders;
  • Intermittent and reduced schedule leave;
  • Employee performance issues and discipline;
  • Counting leave during holidays and office shutdowns;
  • How these laws may intersect with the ADA/FEHA and state workers’ compensation laws
  • And much more! 

FFCRA and FMLA/CFRA Eligibility: Getting It Right
9:00 a.m. - 9:30 a.m. Pacific/12:00 p.m. - 12:30 p.m. Eastern
Establishing employee eligibility is the critical first step in administering FMLA/CFRA and FFCRA leave. And 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 and FFCRA 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.

During this session, you’ll learn:

  • A quick overview of FMLA/CFRA basic requirements
  • What the FFCRA covers and how it guides employers and employees to apply the FFCRA’s provisions How to determine FMLA/CFRA and FFCRA eligibility quickly and easily
  • How to coordinate leave when FMLA/CFRA and FFCRA differ

Managing Serious Health Conditions and Medical Certifications 
9:30 a.m. - 10:30 a.m. Pacific/12:30 p.m. – 1:30 p.m. Eastern
At the heart of many FMLA/CFRA leave requests is whether or not a given request involves a 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. But, the process of requesting recertification in compliance with FMLA/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), can be confusing. And, do similar rules apply to the FFCRA? 

This session covers:

  • How serious health conditions are treated under FMLA/CFRA and the FFCRA
  • 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
  • What leave a caregiver is entitled to under FMLA/CFRA and the FFCRA
  • What relationships entitle employees to take leave as a caregiver
  • How to handle recertification when an employee says he or she is not fully recovered, the original certification is running out, and the healthcare provider’s office is shut down due to COVID-19.

Break
10:30 a.m. – 10:45 a.m. Pacific/1:30 p.m. – 1:45 p.m. Eastern

Meeting Deadlines: Notification, Curbing Abuse, and Preventing Claims
10:45 a.m. – 11:30 a.m. Pacific/1:45 p.m.–2:30 p.m. Eastern
The FMLA/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. Additionally, no employee wants to think about an employee trying to “work the system” in order to “work the system” and take advantage of paid leave entitlements under the FFCRA, but does the new federal law provide employers with any protections to guard against that from happening?

This session covers:

  • How to comply with applicable notice rules
  • What to do if an employee refuses FMLA 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—or FFCRA—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 or FFCRA leave


Break
11:30 a.m. – 11:45 a.m. Pacific/2:30 p.m. – 2:45 p.m. Eastern

Mastering the Tough Leave Administration Issues
11:45 a.m. – 1:00 p.m. Pacific/2:45 p.m.– 4:00 p.m. Eastern
It’s one thing to grasp individual leave 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 manage it on a day-today basis is another story. What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an investigation when the federal Department Labor or the state’s Department of Fair Employment and Housing (DFEH) comes knocking?

This session will cover:

  • How to manage intermittent and reduced schedule leave
  • How to handle questions about the duration of leave
  • How to calculate leave for fluctuating work schedules
  • The rules regarding substitution of various types of paid leave, such as leave under the FFCRA, 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

All Together Now: Coordinating the FFCRA & FMLA/CFRA with the ADA, Workers’ Comp, and California’s Family Leave Laws
1:00 p.m. – 2:00 p.m. Pacific/4:00 p.m.– 5:00 p.m. Eastern
FMLA seems pretty comprehensive, but it’s clearly 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/CFRA.

This session will cover:

  • When you should offer leave as a reasonable accommodation under the ADA and the ADAAA/FEHA
  • How the FMLA and CFRA differ when it comes to pregnancy leave and how they interact with PDL
  • How to offer accommodations other than leave without violating the FMLA/CFRA or the FFCRA
  • When you can require employees to take FMLA/CFRA leave concurrently with workers’ comp leave—and whether an injured worker would be entitled to paid leave under the FFCRA at the same time
  • What kind of benefits California 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 concerning paid sick and family leave you need to know and understand during the COVID-19 crisis

About Your Presenters

Danielle MooreDanielle H. Moore, Esq.
Partner
Fisher Phillips LLP

Danielle Moore is a partner in Fisher Phillips LLP’s San Diego office, chairs the firm’s Development Committee and is a former co-chair of the Fisher Phillips firm-wide Women's Initiative and Leadership Council. 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. Moore 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. She 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." She was also a 2016 finalist for San Diego Magazine’s “Woman of the Year."


Miranda WatkinsMiranda Watkins, Esq. 
Associate
Fisher Phillips LLP

Miranda Watkins joined Fisher Phillips LLP’s San Diego office as an associate in 2016. She 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. Watkins is also skilled at obtaining case dismissals at the summary judgment stage. 

Watkins 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.