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2021 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management - On-Demand

2021 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management - On-Demand

Product Code: VFM10122021

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2021 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management -
On-Demand

Now Available On-Demand.

Program Length: 7 hours

Attention California employers: There are new bills working their way through the legislative process that could turn your leave management efforts upside down. These two Assembly Bills, pending in the California Senate, would expand the scope of the CFRA and also what constitutes "sick pay."

For instance, California Assembly Bill 1033 (AB 1033) would expand the definition of “family care” and “medical leave” to include care for a parent-in-law.

While California Assembly Bill 1041(AB 1041) would significantly expand the scope of the act by including “family member” to include a “designated person.” Specifically, a “designated person” would mean a person identified by the employee at the time the employee requests family care and medical leave.

AB 1041 would therefore expand the population that an employee can take leave to care for to include any other individual related by blood or whose close association with the employee is the equivalent of a family relationship. The bill would authorize an employer to limit designation of a person, as prescribed.

Both of these bills are currently pending in the Senate, but if they pass, you'll definitely want to be prepared ahead of any pending changes. And managing leave under the FMLA already has its challenges, throwing in new laws will only add to the confusion.

Employers must ensure that all HR staff and all managers who deal with employee leave requests are well-versed in the finer details of FMLA/CFRA-related leave. Administering leave can be made easier if you have a clear procedure that employees understand and can easily utilize when the need for leave arises.

Additionally, HR professionals must understand the various forms and deadlines for remaining compliant under the FMLA/CFRA, in addition to other federal laws like the Americans with Disabilities Act (ADA), and workers’ compensation claims.

Become a master of the FMLA/CFRA and simplify your leave program after attending our brand new FMLA virtual master class for California employers, where you’ll learn:

  • How to determine CFRA eligibility quickly and easily,
  • What qualifies as a serious health condition,
  • Tips and guidance for “gray area” conditions, including multiple concurrent conditions,
  • The “do’s and don’ts” of return-to-work certifications,
  • Handling suspected FMLA/CFRA abuse without running afoul of the law,
  • How to manage intermittent and reduced-schedule leave,
  • How the FMLA, CFRA, and the ADA interact,
  • And more!

*Registrants will have access for 60-days from purchase.

2021 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management -
On-Demand

Agenda

Mastering FMLA Fundamentals

(5 minutes)
Presenter Introduction(s)

(60 minutes)
FMLA/CFRA Eligibility: Getting It Right

Establishing employee eligibility is the critical first step in administering FMLA/CFRA 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 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.

We’ll cover:

  • A quick overview of FMLA/CFRA basic requirements
  • How to determine FMLA/CFRA eligibility quickly and easily
  • How the FMLA rules and related court decisions affect key definitions, such as who qualifies as a covered family member
  • How to coordinate leave when CFRA and FMLA differ
  • Recent trends and developments affecting leave


(60 minutes)
Managing Serious Health Conditions and Medical Certifications

At the heart of many FMLA/CFRA leave requests is the 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.

We’ll also discuss the process of requesting recertification in compliance with FMLA and 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).

You’ll learn:

  • Key distinctions between FMLA and CFRA serious health conditions
  • 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


(60 minutes)
Meeting FMLA/CFRA Deadlines: Notification, Curbing Abuse, and Preventing Claims

The FMLA and 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.

This session covers:

  • DFEH’s required posters for CFRA and PDL
  • How to give the notices required under FMLA and CFRA
  • What to do if an employee refuses FMLA/CFRA 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 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 leave


(30 minutes)
Q&A with Presenter

Attendees get to ask the Presenter their lingering questions about points raised during the first day of this intensive FMLA hypo-driven workshop, or revisit a fundamental concepts from earlier in the day. Listen to clarification from the attorneys.



Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings

(60 minutes)
Mastering the Tough FMLA/CFRA Issues

It’s one thing to grasp individual FMLA/CFRA 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 really manage it is another story. What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an investigation by DOL or DFEH?
This session will help you learn:

  • How to manage intermittent and reduced schedule leave
  • How to handle leave duration
  • How to calculate leave for fluctuating work schedules
  • The rules regarding substitution of various types of paid leave 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


(60 minutes)
All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws

FMLA seems pretty comprehensive, but it’s 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.
During this session, we’ll cover:

  • How the FMLA and CFRA differ when it comes to pregnancy leave and how they interact with PDL
  • When you should offer leave as a reasonable accommodation under the ADA/FEHA
  • How to offer accommodations other than leave without violating the FMLA/CFRA
  • When you can require employees to take FMLA/CFRA leave concurrently with workers’ comp leave
  • What kind of benefits 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 in California leave law.


(60 minutes)
Applying Your Knowledge

During this highly interactive portion of the FMLA/CFRA Master Class, your trainers, who are experienced labor and employment attorneys, will walk you through a series of scenarios demonstrating the real-life FMLA/CFRA issues that stump even the most seasoned of HR practitioners. You’ll have the opportunity to discuss issues with your trainers and fellow attendees to determine the correct course of action to take, based on the facts presented and your knowledge of fundamental FMLA compliance principles.

Recent court rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop with the goal of providing you with actionable insights into the tricky FMLA/CFRA issues that come up in daily work life.

You’ll dive deep into:

1. Addressing issues with medical certifications and what to do when:

  • Certification submitted by employee is not sufficient
  • Employee does not return the certification
  • Employee refuses to update the certification if need for leave changes
  • Employee does not submit fitness-for-duty certification at end of leave

2. Intermittent leave

  • Certification of need for intermittent leave
  • Specific information on when leave is needed, expected frequency and duration
  • What to do if an employee uses more leave than expected
  • Abuse of intermittent leave (Mondays and Fridays, before and after holidays)

3. Reduced schedule leave

  • Certification and specific information on reduced hours, expected duration
  • Updating certification
  • Tracking leave time

4. FMLA/CFRA during holidays and shutdowns

  • How to count FMLA/CFRA leave during holidays
  • Administering FMLA/CFRA leave during extended plant or office shutdowns
  • Determining whether an employee on FMLA/CFRA leave during holidays is entitled to holiday pay

5. Addressing performance issues that arise prior to the request for leave

  • What to do when an employee requests FMLA/CFRA leave in the midst of the disciplinary process or just before discipline or termination steps are taken
  • Addressing performance issues that arise during intermittent or reduced schedule leave
  • Addressing performance issues discovered while an employee is on leave
  • Reductions in force while employee is on FMLA/CFRA leave

6. Return to work—what to do if an employee is:

  • Not able to return to work at end of leave (ADA/FEHA considerations)
  • Cleared to return to work with restrictions
  • Temporarily unable to perform essential functions
  • Unable to perform essential functions in the long-term

7. FMLA, CFRA, and PDL—and how they work together

  • Employer coverage and employee eligibility under PDL
  • When FMLA can run concurrently with PDL or CFRA leave


(30 minutes)
Final Questions and Closing

Have lingering questions about points raised during this intensive FMLA hypo-driven workshop, or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the attorneys before you wrap up for the day.

2021 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management -
On-Demand

Faculty

Cathleen S. Yonahara

Cathleen S. Yonahara

Cathleen Yonahara concentrates her practice on employment and labor law. Yonahara 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. She 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. Yonahara also represents clients in commercial business disputes.

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 of 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. She also counsels executives on negotiating employment agreements 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.

2021 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management -
On-Demand

Frequently Asked Questions

What computer set-up do I need to attend this class?

This will be hosted on the GoToMeeting platform. Attendees should have access to a computer that has a microphone and speakers to participate, there is also an option to dial-in over a phone line if you need to connect on your phone. You can read the full system requirements for GoToMeeting by visiting https://support.goto.com/meeting/help/system-requirements-for-attendees-g2m010003. You can also test your system by visiting https://support.logmeininc.com/gotomeeting/get-ready.

2021 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management -
On-Demand

Credit Information

HR Certification Institute HRCI
SHRM Preferred Provider

CREDIT INFORMATION: This program has been approved for 6 (HR (General)) recertification credit hour toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through the HR Certification Institute.For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
The on-demand credits expire 12/31/21.

Business & Legal Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 6 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website at www.shrm.org/certification.
The on-demand credits expire 12/31/21.