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FMLA/CFRA Certification Mistakes You Don’t Want to Make: When Steps to Thwart Abuse Are Unlawful

FMLA/CFRA Certification Mistakes You Don’t Want to Make: When Steps to Thwart Abuse Are Unlawful - On-Demand

Product Code: YCWA091118D

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FMLA/CFRA Certification Mistakes You Don’t Want to Make: When Steps to Thwart Abuse Are Unlawful and What to Do to Correct Them

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Medical certifications are used to help HR evaluate whether leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) must be granted and for how long. They are also useful for helping employers combat FMLA/CFRA abuse and fraud.


 

Medical certifications are used to help HR evaluate whether leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) must be granted and for how long. They are also useful for helping employers combat FMLA/CFRA abuse and fraud.

But companies commonly misuse these medical certifications and the information gleaned from them, creating legal risks. There are also strict limits on what you can request, and when—particularly in California.

Meanwhile, the Department of Labor has been in the process of reviewing its model (federal) FMLA forms, extending the use of the previous version of those forms on a month-to-month basis. Will anything in the model FMLA forms change? If so, when are new forms likely to be available?

Use this on-demand webinar, when a skilled California-based labor and employment attorney will explain the compliance tripwires to avoid when requesting medical certifications, determining whether to grant FMLA/CFRA leave based on what the medical certification says (or doesn’t say), and more.

You’ll learn:

  • Notice requirements concerning medical certifications in California
  • Whether the Department of Labor's review of the model FMLA forms is complete and if anything has changed concerning:
    • WH-380-E: FMLA Certification of Health Care Provider for Employee’s Serious Health Condition
    • WH-380-F: FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition
    • WH-384: FMLA Certification of Qualifying Exigency For Military Family Leave
    • WH-385: FMLA Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave
    • WH-385V: FMLA Certification for Serious Injury or Illness of a Veteran for Wage and Hour Division Military Caregiver Leave
  • What you can and can’t do when you receive incomplete or vague certifications under state and federal law
  • How to handle certification issues when an employee’s need for leave is the serious health condition of a family member
  • Certification requirements for intermittent or reduced schedule leave under California and federal law
  • The right way to challenge a medical certification under FMLA/CFRA regulations
  • Mistakes to avoid concerning fitness-for-duty certifications
  • Best practices for obtaining medical recertification under FMLA/CFRA regulations
  • The consequences of an employee’s failure to provide sufficient medical certification in support of the need for FMLA/CFRA leave

 

About Your Presenter

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

Miranda Watkins is an attorney in Fisher Phillips 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, retaliation and wrongful termination. She represents employers in a range of industries in all areas of labor and employment law.  

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