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Morning Focus: Mastering FMLA Fundamentals
Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application
New and confusing regulations, conflicting court decisions, and increasing employee abuse of FMLA and CFRA protections means family and medical leave remains one of California HR’s biggest management headaches.
To help you master your obligations and avoid costly penalties, the publisher of California Employment Law Letter has crafted a cost-effective and engaging solution: 2017 FMLA/CFRA Master Class: California - Advanced Skills for Employee Leave Management.
This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. Experienced California attorneys deliver substantive instruction on FMLA and CFRA compliance in light of new and existing regulations, court rulings, and application of this far-reaching law. You’ll engage with your instructors and your peers, solving challenges you face day in and day out concerning intermittent leave, return to work, employee performance, and much more.
This event teaches employee leave management essentials while instilling the confidence you need to make the right coverage calls, control abuse and fraud, answer the toughest questions from employees and your executive colleagues, and avoid the expensive missteps that have devastated other employers.
You’ll enhance your advanced-practitioner skill set when you attend this satisfaction-guaranteed event and learn:
Registration begins at 7:30 a.m. The program begins at 8:30 a.m. and concludes at 4:30 p.m. There will be morning and afternoon beverage breaks and boxed lunch will be included in registration fee.
Master FMLA administration in just one day by participating in this all-new program created just for California employers and HR management.
"When an employer routinely disregards the FMLA rights of its workers, whole families can be harmed. We will continue to use all enforcement tools at our disposal to uphold FMLA protections for workers and make sure that all employers operate in compliance with the law."
– Wayne Kotowski, Wage & Hour Division, U.S. Department of Justice
7:30 a.m. – 8:30 a.m.
(Part I) Mastering FMLA/CFRA Fundamentals
FMLA/CFRA Eligibility: Granting FMLA/CFRA Leave When It’s Due and Getting It Right
8:30 a.m. – 9:00 a.m.
Oftentimes employers neglect to take the critical first step in administering FMLA/CFRA leave—determining employee eligibility. Taking defined, consistent steps in determining employee eligibility helps employers not only properly deny leave when appropriate, but also to grant leave for a period of time that is reasonable and necessary. Eligibility for FMLA/CFRA leave to care for covered family members has changed dramatically as the definition of who is a family member has been altered by FMLA/CFRA regulations, new court decisions, and changes in the family structure.
In this opening session, we’ll explain these developments and how to adjust your policies and practices to ensure compliance with the changing regulatory and legal landscape.
Managing Serious Health Conditions and Medical Certifications
9:00 a.m. – 9:45 a.m.
At the heart of many FMLA/CFRA leave requests is the serious health condition. The regulations offer guidance and allow you to require medical certification, but there are a multitude of possible reasons for needing FMLA/CFRA leave. Assessing the information requires keen judgment, and this session will show you how to make these crucial calls. You’ll learn about:
9:45 a.m. – 10:00 a.m.
Meeting FMLA/CFRA Deadlines: Notification, Curbing Abuse, and Preventing Claims
10:00 a.m. – 10:45 a.m.
The FMLA and CFRA are ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and determining how much employees still have remaining in a given FMLA/CFRA leave 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:
Mastering the Tough FMLA/CFRA Issues
10:45 a.m. – 11:30 a.m.
It’s one thing to grasp individual FMLA/CFRA rules and another to put the pieces together in the real world. Intermittent leave seems pretty straightforward on paper, but how employers really manage it is another story. How is intermittent leave certified and calculated? What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how to handle an investigation by DOL or DFEH. This session will help you learn about:
All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Leave Laws
11:30 a.m. – 12:15 p.m.
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.
12:15 p.m. – 1:15 p.m.
(Part II) Intensive Workshop Addressing the Real-Life Application of FMLA/CFRA Rules, DOL/DFEH Regulations, and Court Rulings
1:15 p.m. – 4:00 p.m.
(Mid-workshop break from 2:30 p.m. to 2:45 p.m.)
During this highly interactive portion of the FMLA Master Class, our esteemed faculty of labor and employment attorneys will walk you through a series of scenarios demonstrating the real-life FMLA 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 interpretation 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 how to master 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:
2. Intermittent leave
3. Reduced schedule leave
4. FMLA/CFRA during the holidays and shutdowns
5. Addressing performance issues that arise prior to the request for leave
6. Return to work—what to do if an employee is:
7. FMLA, CFRA, and PDL – and how they work together
Final Questions and Closing
4:00 p.m. – 4:30 p.m.
Have lingering questions about points raised during this intensive FMLA/CFRA 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.
Michelle Lee Flores
A member in the Labor & Employment Department of Cozen O’Conner’s Los Angeles office, Michelle focuses her practice on all aspects of employment litigation, including jury and bench trials, arbitration, mediation and pre-litigation negotiations involving sex, race, religion, age and disability harassment and discrimination, wage and hour violations, including class actions, and wrongful termination. She also advises clients on employment compliance, internal investigations, discipline, terminations, reductions in force and wage and hour matters. She prepares workplace policies and procedures manuals, drug testing policies, employment contracts and separation agreements, and harassment and discrimination prevention policies, including preventive counseling and in-house training. Flores is a frequent lecturer and author of various articles on employment law published in the Los Angeles Daily Journal, and Los Angeles Business Journal, among others. She is also an advisory board contributor to the California Employment Law Letter/HRhero.
Simpson, Garrity, Innes & Jacuzzi
Marc has broad experience in employment law matters. He has represented numerous employers as defendants in civil rights actions (including claims under the ADEA, ADA), Title VII of the Civil Rights Act, FEHA, and other state discrimination statutes. He regularly advises clients on employee leave issues, hiring and termination, wage and hour requirements, employee classification, civil rights/discrimination, employee handbooks and policies, employment audits, and more.
Mark I. Schickman, Esq.
Freeland Cooper and Foreman LLP
Mark received his Bachelor of Arts and Juris Doctorate degrees from Columbia University, where he was a Harlan Fiske Stone Scholar and the recipient of Columbia's Whitney North Seymour Medal for Distinguished Trial Advocacy. For the past 30 years, he has concentrated on employment and labor law, litigating every type of employment matter and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union related charges and all other aspects of the employment relationship. Mr. Schickman is the Editor of California Employment Law Letter.
Cathleen S. Yonahara, Esq.
Freeland Cooper and Foreman LLP
Cathleen concentrates her practice on labor and employment law, including Title VII, FEHA, ADA, ADEA, FMLA, CFRA, and the California Labor Code. She has represented clients before federal and state courts, the EEOC, the DFEH, the California Labor Commissioner and other government agencies. Her employment litigation practice includes claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, unfair competition, wage and hour violations, and breach of contract. Ms. Yonahara's practice also includes counseling clients on all aspects of the employment relationship from hiring to termination. She is an experienced speaker on labor and employment law matters, such as complying with California employment laws, preventing sexual harassment, legally managing leaves of absences, and wage and hour compliance. She is Assistant Editor of California Employment Law Letter.
When: Tuesday, February 7, 2017
Where: Los Angeles
Courtyard Los Angeles Pasadena
180 North Fair Oaks Ave
Pasadena, CA 91103
When: Thursday, February 9, 2017
Where: San Jose
The Westin San Jose
302 South Market Street
San Jose, CA 95113
When: Thursday, March 9, 2017
Sheraton Grand Sacramento Hotel
1230 J Street, 13th and J Street
Sacramento, CA 95814
When: Tuesday, March 21, 2017
Where: San Francisco
San Francisco Marriott Union Square
480 Sutter Street
San Francisco, CA 94108