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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.
James C. Fessenden
Fisher Phillips LLP
James Fessenden is a partner in the San Diego office of Fisher Phillips. He represents public and private employers in all aspects of employment law in both state and federal courts, and before administrative and governmental agencies. He has argued before the California Court of Appeal and numerous trial courts and administrative agencies. He has been a part of several arbitration and trial teams and recently he served as second chair in a jury trial resulting in a complete defense verdict. Mr. Fessenden also regularly defends clients in investigations by the Department of Labor (DOL), the Division of Labor Standards Enforcement (DLSE), the Employment Development Department (EDD), the Office of Federal Contract Compliance Programs (OFCCP), California Department of Fair Employment and Housing (DFEH), Equal Employment Opportunity Commission (EEOC) and other state and local agencies. He also devotes a significant portion of his practice to counseling clients and developing measures to prevent litigation and governmental investigations.
Prior to joining the firm, Mr. Fessenden practiced employment and entertainment litigation in the San Diego office of a national firm. Mr. Fessenden was included in San Diego Super Lawyers - Rising Stars in 2015 and 2016.
Danielle H. Moore
Fisher Phillips LLP
Attorney Danielle H. Moore is a partner in the San Diego office of Fisher & Phillips LLP and the chair of the firm's Women's Initiative and Leadership Council. She represents and counsels employers in all aspects of labor and employment law, including employment discrimination, wrongful termination, workplace harassment, retaliation, unfair competition and wage-hour lawsuits, employment handbook and personnel policy preparation, and general preventive advice including hiring, discipline and termination practices. Ms. Moore as experience litigating matters in state and federal courts, state administrative tribunals, such as the Fair Employment and Housing Commission, and in arbitration. She regularly conducts management training and lectures on labor and employment issues. Danielle also teaches an employment law course at San Diego State University's College of Extended Studies and serves on the Human Resources Advisory Board for the College.
Ms. Moore was selected as one of SD Metro's 40 Under 40 for 2013. The award honors the top 40 business people in San Diego under the age of 40. She was also selected as a San Diego County Top Attorney for 2014 in the Labor/Employment practice category and was chosen as one of the Best of the Bar in 2014 for Labor & Employment. Danielle is "AV" Peer Review Rated Preeminent by Martindale-Hubbell.
Fisher Phillips LLP
Aaron Olsen, Of Counsel in the San Diego office of Fisher & Phillips LLP, defends employers on the full spectrum of employment issues. His experience includes representing employers in state and federal courts in wage and hour class actions, defending employers in actions alleging discrimination and wrongful termination, and representing companies in actions alleging theft of trade secrets. He has successfully represented employers in more than two-dozen class actions. Mr. Olsen was selected for inclusion in Southern California Super Lawyers in 2014 and 2015 and cited as a "Rising Star" in 2012 and 2013.
Fisher Phillips LLP
Danielle Garcia is an associate in the San Diego office of Fisher Phillips LLP, where she counsels and defends employers in all aspects of labor and employment law, including traditional labor relations management, wage and hour class actions, harassment, and discrimination. Prior to beginning her legal career, Ms. Garcia worked as a human resource generalist and shift supervisor for a food manufacturing facility, where she participated in union negotiations and all other human resource matters.
Fisher Phillips LLP
Miranda Watkins is an associate in San Diego office of Fisher Phillips LLP. Her practice includes counseling and defending employers in all areas of labor and employment law. Before joining Fisher Phillips, she worked as an associate attorney for a national law firm, focusing on employment and general civil litigation matters. Ms. Watkins previously served as a law clerk for an administrative law judge at the U.S. Equal Employment Opportunity Commission (EEOC), where her work focused solely on federal employment discrimination matters.
When: Tuesday, June 6, 2017
Where: San Diego
Homewood Suites by Hilton San Diego/Del Mar
11025 Vista Sorrento Parkway
San Diego, CA 92130