Family Leave: How To Avoid "Gotchas" in California; Sample Policies You Can Adapt To Your Workplace

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Employer Resource Institute Webinar

Wednesday, March 17, 2010
10:30 a.m. to Noon Pacific

Order Option       Price  
1. Live Conference       $219      
2. Live Conference + CD Recording       $299      
3. CD Recording Only       $219      

Dealing with family and medical leave requests can cause more headaches for employers than almost any other HR issue.

It's doubly difficult in California, because you're forced to comply with both the federal FMLA and the state CFRA. And the two don't always agree:

  • Under federal rules, you can ask employees why they're taking paid leave - but you can't ask in California unless the workers are requesting sick leave.
  • California passed its own law governing leave for pregnancy-related disabilities that, combined with other types of family leave, can mean up to 29 weeks of combined time off.
  • Federal FMLA forms allow doctors to indicate a diagnosis showing why an employee needs leave, but California law forbids this unless your employee consents. (You're even prohibited from asking for second opinions, in some cases.)
  • Under California law, your workers may request leave to care for registered domestic partners - but not under FMLA.
  • One California rule says that, if both parents work for you, you can limit their combined leave for a child's birth, adoption, or foster placement to 12 weeks in a 12-month period. But that contradicts another state law that forbids discrimination based on marital status.

Join us on March 17 for a 90-minute webinar specifically for California employers. As an added bonus, you'll receive sample policies that you can adapt for your California workplace to avoid these leave "gotchas." You'll learn:

  • How to comply with the basic rules governing family and medical leave in California
  • The key areas where FMLA and CFRA regulations don't mesh - and what you should do in these situations to avoid legal trouble
  • The impact of 2009's sweeping FMLA changes on California employers, from the new "exigency" military leaves to changes in notice requirements
  • What you're now allowed to do in the state to document and verify the medical details about a worker's leave request
  • How you should handle pregnancy-related leave requests to comply with both federal and state rules
  • The current state rules governing leave requests to care for domestic partners (e.g., the effect of the current Prop 8 court battle on these rules)
  • How you can review and adapt the sample policies included with this webinar to sidestep FMLA/CFRA worries like a pro

About Your Speaker:

Charles L. Thompson, Esq., is a partner in the San Francisco office of law firm Ogletree, Deakins, Nash, Smoak & Stewart, PC. Ogletree Deakins is one of America's largest law firms that focuses its practice exclusively in the arena of labor and employment law. Thompson has extensive litigation and trial experience defending employers in federal and state courts, and he advises them on complying with the full range of employment and labor law matters. He teaches labor and employment law at San Francisco Law School. Thompson earned his law degree from the University of Texas.



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