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FMLA/CFRA Mythbusters: How to Manage Employee Leave and Possible Abuse - On-Demand

FMLA/CFRA Mythbusters: How to Manage Employee Leave and Possible Abuse - On-Demand

Product Code: YCWA092619A

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FMLA/CFRA Mythbusters: How to Manage Employee Leave and Possible Abuse - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Learn practical steps to address FMLA/CFRA and other leave abuse, while still remaining within the bounds of the law.


 

It’s never great when employees’ absences impact the smooth operation of business as usual, but the California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA) protect employees with legitimate medical reasons to take time off. However, if you have reasonable suspicions that an employee is abusing their leave, you don’t have to just take it. 

While California’s leave law is, in many ways, more stringent than FMLA, both provide ways in which you can work toward identifying the need for leave and, by practical application, can thwart and prevent CFRA/FMLA abuse in many cases. But it requires precision. The last thing you want is to misstep when trying to put a stop to leave abuse. 

Employers need to be savvy about what you can and cannot do regarding CFRA and FMLA. This knowledge can be a powerful tool for an employer to curb leave abuse, or at least to know how to address it when it arises. Requiring recertifications, establishing communication with the employee during extended leave, and, requiring employees to correct deficient certifications are methods that can help establish boundaries around the employee’s use of FMLA or CFRA leave.

Use this on-demand webinar and get much needed tips from an expert California employment attorney who will highlight the many ways in which employees can “work” the CFRA/FMLA system and provide answers to what you can legally do to put a stop to it.

 
You’ll learn how to:

  • Recognize how the CFRA, FMLA, and other leave laws intersect and interact in California
  • Require employees to provide the correct notice and certification to be eligible for leave under CFRA or FMLA
  • Apply practical tips to thwart leave abuse without overstepping your legal bounds under state and federal law
  • Respond to red flags, such as frequent time off before and after weekends, social media posts, etc.
  • Clarify what you can request and require from employees, and when to ask an employee to correct the certification and when you can communicate with the employee’s health care provider
  • Document requests for leave, and how can company policies and communication help you in case of abuse
  • And much more!

About Your Presenter

Cathleen YonaharaCathleen S. Yonahara, Esq.
Partner
Freeland, Cooper & Foreman LLP

Cathleen Yonahara, a partner at Freeman, Cooper & Foreman, LLP, concentrates her practice on employment and labor law. She 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. Cathleen 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.

In addition to her litigation practice, Yonahara 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.

Yonahara 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.