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Mastering Employee Leaves and Accommodations

Mastering Employee Leaves and Accommodations. Presented by: Chastin H. Pierman, Esq. cpierman@mycharterlaw.com Roger Scott, Esq. rscott@mycharterlaw.com. Various Leave Laws. Various Leave Laws (cont’d). Family and Medical Leave Act (FMLA). Purpose of Leave Eligibility for Leave

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Mastering Employee Leaves and Accommodations

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  1. Mastering Employee Leaves and Accommodations Presented by: Chastin H. Pierman, Esq.cpierman@mycharterlaw.com Roger Scott, Esq. rscott@mycharterlaw.com

  2. Various Leave Laws

  3. Various Leave Laws (cont’d)

  4. Family and Medical Leave Act (FMLA) • Purpose of Leave • Eligibility for Leave • Notice Requirements • Medical Certification Requirement; Ongoing • Pay During Leave • Obligation to Continue Health Benefits • Right to Reinstatement

  5. California Family Rights Act (CFRA) • Same Purposes as FMLA; Often Associated with Baby-Bonding • New Eligibility Requirements • Pay During Leave • Obligation to Continue Health Benefits • Right to Reinstatement

  6. Pregnancy Disability Leave (PDL) • Purpose of Leave • Eligibility for Leave • Notice Requirements • Medical Certification Requirement • Pay During Leave • Obligation to Continue Health Benefits • Right to Reinstatement

  7. Leave Interactions

  8. Americans With Disabilities Act (ADA)/Fair Employment and Housing Act (FEHA) Overview • Both Federal and State Law Govern • 2 Key Legal Duties: • To Interact in Good Faith; and • To Provide Reasonable Accommodations to Qualified Individual(s) • Leave May be a Reasonable Accommodation

  9. ADA/FEHA Basics • Disabilities Defined • What is Not a Disability • Determine Whether Individual is “Qualified” • Define Essential Job Functions in Job Description

  10. ADA/FEHA Interactive Process Interactive Process Tips: • Do Not Say No Until You “Interact” In Good Faith • Ask Employee Questions about Possible Alternatives • Obtain Documentation of the Disability from Health Care Provider • Document the Process • Consider Use of Occupational Experts (e.g., Ergonomic Assessment) • Hold Face-to-Face Meetings, If Possible

  11. ADA/FEHA Reasonable Accommodations • Examples of Reasonable Accommodations • Obligation is Ongoing • When Can the Employer Deny Requests for Accommodation? • Not Reasonable • Undue Hardship • Fundamental Alteration of Essential Functions • Direct Threat to Health and Safety

  12. Workers’ Compensation • Covers Workplace-Related Illness/Injuries; Exclusive Remedy for Employee • Provide Claim Form (DWC-1) • Notify Carrier Immediately • Designate Leave as FMLA/CFRA • Continue Health Benefits • Returning Employee to Work Depends on Medical Certification • Accommodations, Including Alternative Position

  13. Consequences for Violating Leave Laws • Administrative Proceedings • Penalties • Lawsuits • Granting Agency Inquiries • Employee Morale • Intestinal Distress

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  15. QUESTIONS AND RESPONSES THANKS FOR ATTENDING TODAY

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