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CFRA Compliance Update: Critical Changes to Regulations and Addressing Leave Abuse

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.

The CFRA amended regulations have finally been approved and will be effective July 1, 2015. The amendments clarify a number of uncertainties and align the regulations with FMLA regulations. However, in several important areas, the new regulations contain traps for the unwary; particularly where CFRA requirements differ from FMLA. Public agency employers need a clear understanding of their rights and duties under the CFRA. This webinar will provide a detailed review and analysis of the new regulatory environment, with specific emphasis on necessary policy updates and enforcement solutions.

Despite the changes and clarifications, there are still areas that can breed leave abuse: stacking and tracking leaves, fudging eligibility, “persuading” a health care provider to certify a serious health condition, and more. The new regulations also significantly expand protections against interference with protected rights and retaliation. The definition of “leave interference is much broader” and employers’ defenses are narrowed. And, unlike reasonable accommodations for disabilities where your agency may have an undue burden defense, eligible employees can neither be denied the right to take a leave for which they medically qualify, nor refused reinstatement upon return. This webinar will analyze where the CFRA regulations make it easier to detect and stop leave abuse, and where it may be more challenging.

** The legislature is at it again – with a pending bill that would expand CFRA’s protections beyond those established in FMLA and create some nightmares with administering concurrent vs. consecutive leaves. We hope to have some clarity on that bill (SB 406 sponsored by Assemblywoman Jackson, Santa Barbara).

We will cover:

In-Depth Review and Analysis of the Amended Regulations

 

  • Concrete information on required policy amendments, leave management protocols and documentation requirements; particularly in areas with key changes within CFRA regulations;
  • Expanded definitions of "covered employer" and “key employee”;
  • Eligibility standards for leave, and changes to the definition of “serious health condition”;
  • Revisions to the Certification of Serious Health Condition, including a new provider form to include safe harbor language of the California Genetic Information Nondiscrimination Act of 2011 (CalGINA), and clarifies authentication and second opinion processes;
  • Calculating leave entitlement, including how to calculate leave where the employee has part-time or other alternative schedules or cannot work overtime, accounting for holidays and non work days;
  • Medical certifications and re-certifications and second opinions (including when circumstances change or leave abuse is suspected);
  • How to manage situations where intermittent leave entitlement places burdens on a department of facility;
  • The key distinctions that will remain between FMLA regulations and CFRA: leave eligibility, stacking and tracking leaves, information you can – and can’t – ask for in medical certifications, and variables on managing intermittent leave;
  • Details for substitutions of paid time off or other benefits for unpaid CFRA leave;
  • Key clarifications on interaction between pregnancy-disability leave and CFRA;
  • New standards for job restoration at the conclusion of the leave;
  • Critical policy standards for substituting paid leave and running it concurrently;
  • Changes to notice requirements for employees and stricter timelines for employers to designate CFRA leave;
  • The major differences between CFRA and FMLA; and
  • A preview of pending bills that would result in even more significant statutory changes.

Identifying and Addressing Leave Abuse without Inviting Leave Interference Claims

 

  • Legal update on how handling leave abuse – analysis of the newest legislation (pending), regulation and litigation.
  • Case law specifics on the emerging “good faith belief’ defense when an employee is disciplined or discharged for leave abuse
  • The most common mistakes managers make when dealing with leave requests, absences for chronic conditions and managing a department with more than one individual taking authorized intermittent leave;
  • Your public entity’s rights and responsibilities concerning medical certifications and re-certifications under the amended regulations;
  • How to identify objective factors that trigger a misconduct investigation for leave abuse and the restrictions on conducting surveillance of CFRA-protected employees;
  • Special issues involving potential workers’ compensation fraud.
  • How to prevent retaliation or leave interference claims when investigating FMLA/CFRA abuse.

Up-to-the Minute Status on SB 409 – CFRA Expansion

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 on how many of your organization's employees view our webcasts. Please feel free to share the link for 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

Event Type

Risk Control Training Seminar

Meeting Date

  • Wednesday, June 10, 2015
    9:00 AM – 10:30 AM