2022 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management - On-Demand

Available ON-DEMAND

Program Length: 8 hours

The federal Family and Medical Leave Act (FMLA) is one of the most complex and confusing employment laws out there—and even more so for California HR professionals who must also provide leave coverage under the California Family Rights Act (CFRA).

CFRA leave becomes even more challenging when new laws get thrown into the mix. For example, California Governor Gavin Newsom signed Senate Bill 114 into law, which creates new COVID-19 supplemental paid sick leave (SPSL) benefits. SB 114 went into effect on February 19, 2022 and applies to employers with more than 25 employees. Covered employers must provide COVID-19 SPSL retroactive to January 1, 2022, until September 30, 2022.

This is just one example of the recent changes California HR professionals must have to take into consideration when administering and managing employee leave. A similar measure went into effect in 2021, filling what otherwise would have been a coverage gap left when the SPSL provisions of Assembly Bill 1867 expired on December 31, 2020.

To remain compliant with these changes, you—and your organization's managers—must also have a firm understanding of how to implement and manage CFRA leave. While CFRA leave compliance can be tricky, learning how to comply can be easy when you attend the 2022 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management.

Join employment law attorneys from Simpson, Garrity Innes & Jacuzzi PC, for a live, interactive FMLA/CFRA master class on December 14-15, 2022. Uncover FMLA and CFRA basics and be on your way to becoming a master of leave administration with this special virtual event.

At the conclusion of this program, participants will understand:

• 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.

2022 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management - On-Demand

Agenda

Day 1—Mastering FMLA/CFRA Fundamentals

5 Minutes
Presenter Introductions

1 Hour
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

10 Minutes
Break

1 Hour
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

15 Minutes
Break

1 Hour
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

Have lingering questions about points raised during the first day of this intensive CFRA-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 speaker before we wrap up for the day.

Day 2—Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings

1 Hour
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

10 Minutes
Break

1 Hour
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. In 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.

15 Minutes
Break

1 Hour
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

Still have lingering questions or want to revisit a fundamental concept or two from earlier in the course? Use this opportunity to get clarification from the presenter before the workshop comes to a close.

— Agenda subject to change —

2022 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management - On-Demand

Speakers

Attorney Sean Broderick focuses his practice on employment litigation in state and federal courts. Mr. Broderick represents private and public sector employers in a wide range of labor and employment law matters, including claims involving discrimination, harassment, retaliation, whistleblower, wrongful termination, wages, breach of contract, unfair labor practices and issues concerning union representation. He has also defended employers in matters involving wage and hour class and PAGA representative actions. Mr. Broderick regularly advises employers regarding employment personnel matters, including employee misconduct, leaves of absence, employee classifications, reductions in force, use of independent contractors, employee mobility, and other issues pertaining to hiring, promotion, compensation, termination and unfair competition.

Mr. Broderick has defended businesses in matters involving trade secret misappropriation, breach of fiduciary duty, professional liability, infringement of copyrights, patents and trademarks, unfair business practices, and other business-related torts.

Mr. Broderick advises clients on information governance and e-discovery issues. Mr. Broderick has presented MCLE courses on e-discovery best practices, including managing large-scale e-discovery document reviews using automated predictive coding technology. Mr. Broderick has been a guest lecturer at the UC Berkeley Extension Employment Law Course for HR professionals.

Prior to entering private practice, Mr. Broderick served as a Labor Analyst at the University of California, San Francisco Medical Center where he counseled and provided guidance and training to University managers in interpreting and enforcing human resources policies and collective bargaining agreements with the University’s various unions. Thereafter, Mr. Broderick worked at several management-side employment litigation firms in San Francisco.

Mr. Broderick obtained his B.A. degree in Spanish language and literature from the University of California, Berkeley. He obtained his Juris Doctor degree from the University of San Francisco, School of Law.

Marc L. Jacuzzi is a director with the firm of Simpson, Garrity, Innes & Jacuzzi, P.C., where he focuses on employment law matters. Mr. Jacuzzi represents employers in civil rights actions (including claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the California Fair Employment and Housing Act, and other state discrimination statutes), Wage & Hour Class Actions, Private Attorney General Act (PAGA) claims, trade secret misappropriation claims, wage claims, wrongful termination claims, unfair business practices claims, contract disputes and various tort claims filed with the Equal Employment Opportunity Commission, the Division of Labor Standards Enforcement, various other state agencies and in various state and federal courts.

His practice also involves employment law counseling. Mr. Jacuzzi regularly advises clients regarding all aspects of the employer/employee relationship, including hiring and termination issues, wage and hour requirements, employee classification issues, civil rights/discrimination issues, commission plans, employment contracts, employee handbooks and policies, confidential information agreements, reductions in force, leaves of absence issues, employment audits, M&A employment issues, violence in the workplace issues and international employment issues.

Mr. Jacuzzi also conducts in-house training programs on a number of employment law topics and is a regular speaker at regional and national employment law conferences, seminars and webinars.

Mr. Jacuzzi earned his B.A. degree from the University of California, Los Angeles, and his J.D. degree from the University of the Pacific, McGeorge School of Law. He is a member of the State Bar of California, California Bar Association, State Bar of Colorado, Colorado Bar Association, American Bar Association, and the San Francisco and Contra Costa County Bar Associations.

Director Attorney Nancy McCoy is an experienced litigator and counselor at Simpson, Garrity, Innes & Jacuzzi, P.C. who has been advising and representing employers for over fifteen years. Her practice is dedicated to working with California employers of all sizes, from small “mom and pop” shops, non-profits and medium sized businesses, to nationwide corporations and franchisees, across a broad spectrum of industries.

Ms. McCoy has comprehensive experience handling employment law matters before all State and Federal courts, as well as before various State, Federal and local agencies such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), the Department of Fair Employment and Housing (DFEH), the Division of Labor Standards Enforcement (DLSE), the Workers’ Compensation Appeals Board (WCAB) and the Unemployment Insurance Appeals Board (CUIAB), among others. Ms. McCoy has extensive expertise in the areas of discrimination, harassment, and retaliation; wrongful termination; management of employees with disabilities, on protected leaves of absence, and requesting reasonable accommodation; wage and hour compliance; drug testing and substance abuse management; privacy; hiring practices, including background checks; employment contracts; terminations and reductions in force; workplace safety and violence prevention; workplace investigations; whistle-blowing; trade secrets and unfair business practices. She has been engaged to speak to a variety of prominent employer and legal organizations, including the Northern California Human Resources Association (NCHRA), California Employer Advisory Council (EAC), and Continuing Education of the Bar (CEB). Ms. McCoy received her B.A. from the University of California, Santa Barbara, California, followed by earning her J.D. from Golden Gate University School of Law, San Francisco, California.

2022 FMLA/CFRA Virtual Master Class: Advanced Skills for Employee Leave Management - On-Demand

Credit Information

The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

HR Certification Institute’s® official seal confirms that Business & Legal Resources (BLR) meets the criteria for pre-approved recertification credit(s) for any of HRCI’s eight credentials, including SPHR® and PHR®. This Program has been approved for 7 California recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
The credits expire 12/31/22.

Business & Learning Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 7 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 12/31/22.

Business & Learning Resources (BLR) is recognized by HCI to offer recertification credits toward a 3-year HCI Certification. This program is valid for 7 HCI Credits. For more information about recertification, please visit the HCI Certification website at www.hci.org/hci-recertification.