The seminar will focus on how California leaves such as FEHA and CFRA interact with Federal medical leaves, such as the FMLA and ADA. Learn which leaves can run concurrently, how to make the transition from one leave to the next and what you need to document to protect yourself and your organization.
Drawing from real life scenarios, this workshop will allow you to confidently cure medical certificates, ask for second opinions, and terminate with confidence in cases of poor performance and failure to respond. This workshop will provide you with exposure to detailed documentation processes that can easily take you through your Medical Leave travels in California and explicitly document your activities in confidence.
You’ll discover that when you clearly document the entire process in a consistent and meticulous manner, you can protect your organization from potential litigation should the need to terminate arise. Having strong policies and procedures consistently applied; clear and well written letters, forms, and documentation; as well as integrated leave policies allows HR to consistently and confidently counsel employees while simultaneously reducing risk of litigation.
Areas Covered in the Session:
- Simple, effective strategies to manage medical leaves and accommodations in a consistent manner to avoid expensive litigation and preserve the employer-employee relationship.
- Overview of CA Specific leave laws – PDL, CFRA/FMLA, ADA/FEHA, Workers’ Compensations and PFL/SDI.
- Explanation of how these regulations interact with Federal leave and accommodation regulations– FMLA, ADA and Workers’ Compensation.
- Best Practices for Integrating your own company’s leave policies and union contracts or MOU’s with state and federal regulations and well as vacation, sick and PTO.
- Strategies on how to apply leaves that run concurrently and modify policies to minimize absenteeism due to medical disabilities.
- How to correctly document the important transition from FMLA/CFRA to ADA/FEHA, and PDL/FMLA to CFRA Baby bonding.
- Specific rights you have as an employer to deny leave and accommodations for employees who use more leave than the certificate allows.
- Understand Best Practices for curing medical certificates or getting second and third opinions.
- Introduction to little known time saving FREE resources for developing Essential Function Job Descriptions and identifying accommodation ideas and services.
- Gain the confidence to deny leave and implement your Performance Management System for employees that do not comply with Medical certificate curing requests or are unable to perform the essential job functions with accommodation or for employee who violate company policies.
- Learn how to performance manage employees on intermittent or ongoing medical leaves and accommodations and what to do when the same employee complains about harassment, discrimination, and retaliation.
- Master Best Practices from an in-the-trenches HR Expert Witness on how to maintain correct documentation in an efficient and effective way to avoid costly litigation.
- Gain the confidence to deny leave and accommodations and implement your Performance Management System for the employee who are protected by state or federal ADA, FMLA, Pregnancy, and Workers’ Compensation regulations.
- Introduction to the various forms, letters and documentation that Ms. De Lima has perfected over 24 years of consulting in the ADA, FMLA, and Workers’ Compensation arena.
- Actionable suggestions on how to integrate your medical leave policies to assure you are maximizing medical leave time that can run concurrently for your employees.
- Strategies that help HR show a positive impact on the bottom line.
- Real life scenarios designed for you to walk away with the skills and confidence needed to immediately apply the strategies presented so you can start to manage and control the Medical Leaves and Accommodations in your own workplace.
Who will Benefit:
- Following positions / companies located in California or with Employees in California:
- Companies, non-profits, school districts, governmental agencies and pseudo governmental agencies
- Human Resource Managers
- Risk Managers
- Benefit Specialists
- Business Owners
- General Managers
- Controllers/ CFOs / Financial Managers
CFRA/FMLA, ADA/FEHA, PDL, Workers’ Compensations, and PFL/SDI:
Learn a comprehensive bulletproof system for controlling and managing Medical Leaves and Accommodations in the workplace, that has been well-tested over the last 24 year successfully. This topic will focus on the Employee Life Cycle from recruiting to, Integrated Policies, to Transitioning from FMLA to ADA, and Transitioning from Pregnancy Disabilities with PDL/FMLA (potential ADA/FEHA), and then to CFRA Baby Bonding. As well as the implications of ADA/FEHA and FMLA/CFRA running concurrent with other medical leaves including Workers’ Compensation and your own company policies. This overview will discuss which leaves are paid, which require protection of benefits, which require medical certificates, and which can run concurrently as well as determining eligibility and when you can deny leave and how to cure medical certificates.
Best Practices for implementing and managing FMLA and Coordinating FMLA with Workers’ Compensation and your own Company’s Policies, Benefits, and Union Contracts:
This topic is an in depth focus of understanding implementation strategies and compliance requirements from real life HR Industry Standards and Best Practices. How do we really do this on the ground in HR? Learn how to control and manage Medical Absences under FMLA. Cure Medical Certificates for employees who are exceeding the leave eligibility designation. Obtain second opinions. Manage employees who are potentially committing fraud, and how to recognize, when employees are not meeting performance standards prior to leaving or upon return from leave. We will discuss the red flags and land mines to avoid! We will also focus on the challenges with Intermittent Leaves, and Integrated leave policy development.
Best Practices for implementing and managing ADA and Coordinating FMLA with Workers’ Compensation and your own Company’s Policies, Benefits, and Union Contracts:
Learn a comprehensive, well-tested methodology for Controlling and managing ADA Medical Absences and accommodations, even when they run concurrently with Workers’ Compensation and FMLA. Understand how to conduct Good Faith Interactive Meetings and Undue Hardship Analysis/Research, including how to develop and conduct the Essential Functions Job Assessment – how, when and what to document, and how to inform the employee of the ongoing process. Get access to little known FREE resources for developing Essential Function Job descriptions and accommodation ideas and services. Learn how to identify potential fraud and abuse and what you can do to stop it.
Strategies for Implementing your Performance Management System under the ADA, FMLA, Pregnancy Disabilities and Workers’ Compensation and how to respond to Harassment, Discrimination and Retaliation complaints from protected employees.
Counseling Forms, Warnings and How and When to Implement and/or Terminate even when someone is on FMLA or protected under ADA. Learn effective complaint strategies, tips, best practices and HR Standards of care on how to impose your companies’ performance management system for employees who have accommodations or protected leave and are not meeting the expectations of the job, or are unable to meet the performance standards with their accommodations. Understand how to manage complaints and conduct investigations when an employee on protected ADA, FMLA or PDL or other protective leave complains of harassment, discrimination, and retaliation.
Controlling Medical Absences:
Overview of the Integrated Leave Management Solution System for Managing and Controlling Medical Absences and Accommodations in the Workplace using HR Industry Standards and Best Practices To Save Money and Reduce Your Stress.
Your real-world scenarios and questions are addressed throughout this interactive and comprehensive workshop