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Overview

Please note: While this webcast is open to all EIA members, some of the Eyres Law Group Services are available only to members of the PWC and/or GLl programs.

This webinar moves beyond the details of the new CFRA regulations addressed in the webinar on June 10, 2015. Now that you have the “basics,” where should your agency anticipate the most headaches from a compliance standpoint? Intermittent or reduced scheduled leave – for both industrial and non-industrial conditions – is the most challenging aspect of leave of absence compliance.

Three areas of focus include:

• Intermittent Leave for Employees with Industrial Injury Claims: including how to handle situations where an injured worker with an approved WC claim needs intermittent leave for a separate condition, while fulfilling a transitional or bridge assignment. 
• Real-World Traps for the Unwary when Designating, Administering, and Documenting Intermittent Leave: while at the same time, holding employees using intermittent leave accountable for performance and conduct standards.
• Importance of Documentation: to give your agency a legal leg to stand on when employees using intermittent leave are subject to a performance improvement plan or disciplinary action.

 

Other Topics Covered:

• Tracking intermittent leave during your agency’s selected “benefit year”
• How to anticipate when employees with chronic conditions will ask to stack their intermittent leave from one year to the next
• Common mistakes to avoid when calculating the amount of leave available for the rolling calendar year
• How to handle Medical Provider Certifications that refer generally to “lifetime” conditions under the new CFRA regulations
• When transferring workers or assigning them to alternative positions is a legally viable option and specific pitfalls to avoid under the CFRA regulations
• When it’s safe to deny a request for intermittent leave due to incomplete documentation for “flare ups”
• Specifics on obtaining proper certifications, and where necessary and permissible re-certifications (expanding upon basic principles from prior webinar)
• When can you retroactively designate, and how do you document the terms and conditions of the leave?
• Getting a grip on “episodic flare ups,” and reporting requirements for use of intermittent leave
• Getting an even bigger grip on supervisor “gripes’ about intermittent leave for unforeseeable absences and “approved” erratic attendance
• How to get “buy in” from departments and supervisors to assure the meticulous recordkeeping requirements
• How to develop a strategy to assist an employee with performance struggles surrounding an intermittent leave
• What your supervisors should say and never say to the employee’s supervisor and coworkers about their frequent and often unexpected absences
• How to maintain employee privacy while still managing performance and necessary conduct standards for employees using intermittent leave
• How to deal with performance issues and safety concerns when on medication for treatment
• Legally defensible discipline and even terminations for employees’ chronic conditions, including when adverse employment action is justified and pitfalls to avoid

Additional Information: 

• Webcasts are free to current members of CSAC EIA and their employees.  If you have any questions, please contact Maria Blanco at mblanco@csac-eia.org for more information.
• There is no limit to how many of your organization's employees view our webcasts.  Please feel free to share the link to this session.

Need More Info or Help?
We hope you can join us. Feel free to contact Maria Blanco for more details.

Phone: 916-850-7300
Email: mblanco@csac-eia.org