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FMLA/CFRA Leave Is Exhausted: Address Transfer & ADA/FEHA Accommodation Requests, Fitness-for-Duty Exams, & More - On-Demand

FMLA/CFRA Leave Is Exhausted: Address Transfer & ADA/FEHA Accommodation Requests, Fitness-for-Duty Exams, & More - On-Demand

Product Code: YCWA072419D

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FMLA/CFRA Leave Is Exhausted: Address Transfer & ADA/FEHA Accommodation Requests, Fitness-for-Duty Exams, & More - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to evaluate your legal rights and obligations when an employee has used up available FMLA/CFRA leave.

An employee who injured her arm has exhausted leave entitlement under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), but can she safely return to her manual labor position? What’s the game plan for requesting a fitness-for-duty exam and interpreting its results?

What about if the employee’s doctor submits a note stating the need for additional leave for the next three months? Are you obligated to grant that additional time off? What about if it’s unclear as to the duration of the additional leave request—what are your obligations under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) in that case?

And, what does it really mean to return an FMLA/CFRA-protected employee to an “equivalent” position?

Use this on-demand webinar when two skilled California employment attorneys will explain what to consider when evaluating whether you’re able to return a FMLA/CFRA-protected employee to an “equivalent” position, requesting a fitness-for-duty exam, or granting additional leave time as an ADA/FEHA accommodation, and more.

After attending this webinar, you will be able to:

  • Thorny legal issues that could arise if you’re not careful with how you manage the return-to-work process once an employee exhausts available FMLA/CFRA leave
  • How to tell when an employee’s FMLA/CFRA leave entitlement renews if you use a rolling calendar year model
  • How to tell if an employee is entitled to additional time off as an ADA/FEHA accommodation when FMLA/CFRA leave expires
  • What to do if a doctor’s note specifying the need for indefinite leave
  • How to go about requesting and interpreting the results of a fitness-for-duty exam before returning a FMLA/CFRA-protected employee to work
  • How FMLA/CFRA leave interacts with paid leave entitlements
  • What to do if an employee can’t return to work when available leave expires 

About Your Presenters

Shannon R. Finley, Esq. Shannon R. Finley, Esq.
Pettit Kohn Ingrassia Lutz & Dolin

Shannon Finley of Pettit Kohn’s San Diego office focuses her practice on employment and retail matters.  Finley is an experienced litigator who represents California employers in disputes ranging from single plaintiff wrongful termination cases to complex class actions, and everything in-between.

In addition to defending employers in litigation, Finley provides guidance to employers to avoid lawsuits before they arise.  Counseling services include implementation of best practices; on-demand consultation for discipline and termination of employment; assistance with implementation of leaves of absence; and crafting employer policies and employee handbooks.

Finley is a speaker and author on issues including best hiring practices, wage and hour law, sex discrimination, leaves of absence, and social media. She was recognized as a Rising Star by San Diego Super Lawyers, and she received the C. Hugh Friedman New Lawyer Award from Lawyers Club for her leadership and professionalism in the San Diego legal community.

Erik T. Johnson, Esq.Erik T. Johnson, Esq.
Pettit Kohn Ingrassia Lutz & Dolin

Erik T. Johnson of Pettit Kohn’s San Diego office specializes in advising and defending employers on a variety of labor and management matters, including discrimination, harassment, retaliation, wrongful termination, unfair competition, and wage and hour claims.

He has extensive experience litigating in California’s state and federal courts. He has also successfully represented clients before a broad array of state and federal administrative agencies.

In addition to litigation, Johnson counsels employers on effective ways to reduce their risk of litigation through policy changes, employee handbook updates and revisions, compliant leaves of absence, workplace investigations, discipline and terminations, employment agreements, arbitration agreements, and other human resource issues and strategies.