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FMLA/CFRA Abuse: How to Identify and Halt Leave Abuse in California Without Legal Backlash - On-Demand

FMLA/CFRA Abuse: How to Identify and Halt Leave Abuse in California Without Legal Backlash - On-Demand

Product Code: YCWA062818D

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FMLA/CFRA Abuse: How to Identify and Halt Leave Abuse in California Without Legal Backlash - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn HR best practices for legally curbing and preventing FMLA/CFRA abuse in California.

The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide qualifying employees with job-protected leave when they need time off from work for reasons such as the serious health conditions of themselves or their family members. At first glance, the laws may seem pretty straightforward, and both FMLA and CFRA provide important and valuable benefits to many employees.

However, as with any well-intentioned right or benefit, there will always be individuals who exploit the system. Employers often struggle with abuse and fraud of protected leaves such as those granted by FMLA/CFRA yet feel uncertain how they can protect their own financial and business needs. This is one key reason that family and medical leave remains one of HR’s biggest challenges, especially given California’s more onerous regulations.

Employers must comply with their obligations under the FMLA/CFRA while vigilantly remaining alert to potential family and medical leave abuse. Walking this compliance tightrope raises many questions, such as:

  • If you suspect your employee is claiming FMLA/CFRA for non-qualifying reasons, what can you do?
  • How do you handle an employee who always takes FMLA/CFRA intermittent leave around the weekends or near holidays?
  • How far can and should you go when taking steps to determine if an employee is abusing his or her FMLA/CFRA right?
  • When is it okay to get second opinions on medical decisions? Does California law differ from federal law?
  • Does California have stricter restrictions on medical certifications?
  • What about asking for recertification? And is it ever worth hiring a private investigator?
  • Who’s a covered family member?

Use this on-demand webinar when California-based attorney Miranda Watkins of Fisher Phillips LLP will offer practical advice on what measures you can take to identify FMLA/CFRA fraud, discourage it from happening, or put a stop to it if it does happen.

Here’s what we’ll cover:

  • Keys to identifying FMLA/CFRA abuse (patterns of time off, etc.)
  • How to lawfully use surveillance and social media to investigate suspicious FMLA/CFRA use
  • How laws and regulations could impact FMLA/CFRA monitoring
  • How much time is enough time to establish a pattern of abuse
  • The importance of training frontline supervisors on FMLA/CFRA policies
  • When to get a second opinion to determine whether the employee/family member has a serious health condition
  • Once an employee is certified for FMLA/CFRA when it’s legally acceptable to require recertification
  • Call-in policies and procedures as a means to control intermittent leave
  • The importance of requiring notice before time off
  • Keeping communication open with employees using FMLA/CFRA—how to ask about their status periodically
  • And much more!

About Your Presenter:

Miranda Watkins, Esq.Miranda Watkins, Esq.
Fisher Phillips LLP

Miranda Watkins is an associate in Fisher Phillip LLP’s San Diego office. She is passionate about counseling businesses of all sizes on their day-to-day labor and employment issues, offering preventative advice and tools to protect employers. She also litigates cases on variety of issues, including disability discrimination claims, leaves of absences, wage and hour claims, retaliation and wrongful termination. She represents employers in a range of industries in all areas of labor and employment law. Before joining Fisher Phillips, she worked as an associate attorney for a national law firm, focusing on employment and general civil litigation matters.

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