FMLA/CFRA, ADA/FEHA, PDL And Workers' Comp Overlap In California: Overcoming Intersecting Compliance Challenges

Webinar: ID# 1024040
Recorded On-Demand
About This Course:
Learn how to manage intersecting compliance obligations under California’s leave and disability laws, including FMLA/CFRA, ADA/FEHA, PDL and workers’ compensation.

When we talk about employee leave and the laws that govern, it’s never simple. And, it’s even more complicated in employee friendly California. In addition to contending with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), employers in California need to have a firm grip on compliance obligations under the California Family Rights Act (CFRA), the Fair Employment and Housing Act (FEHA), as well as under the state’s pregnancy disability leave (PDL), workers’ compensation, and paid sick leave laws.

Knowing where these laws work in tandem and where they differ is crucial for employers. There is a maze of mandated leaves of absence, many of which overlap or have conflicting eligibility requirements.

When employees have more than one applicable leave (such as due to an industrial injury and require leave as an accommodation), HR must determine whether the leave periods run concurrently or consecutively. On top of that, there are increased complexities in coordinating paid leave under applicable legislation, regulations and employer policies.

Join us to understand how to unravel where California’s leave and disability laws intersect and how to navigate tricky waters with relative ease.

You’ll learn:
  • How the ADA/FEHA and FMLA/CFRA, as well as California PDL, workers’ comp, and paid sick leave laws intersect and diverge
  • How to tell which laws apply to an employee requesting leave or workplace accommodations
  • How to determine which leaves run consecutively, and which run concurrently, including stacking and tracking time off
  • Traps for the unwary concerning mandated use of paid sick leave concurrently with CFRA leave when employee receives any partial wage replacement, including PFL, SDI, or disability insurance benefits
  • How California’s new paid sick leave law applies to management of other leaves of absence, including the significantly broader definitions of “close family member”
  • What constitutes reasonable accommodations for a disabled employee
  • How much leave can an employee request
  • How to address pregnancy related disability leave and the intersection with baby bonding leave
  • Critical issues for handling intermittent leave and performance management
  • The most common mistakes supervisors make when intersecting leave and disability laws are at play
About Your Presenter:

Danielle Moore, Esq.
Fisher & Phillips, LLP

Danielle Moore is a partner in the Fisher Phillips San Diego office and co-chairs the firm-wide Women's Initiative and Leadership Council. She represents and counsels employers in all aspects of labor and employment law, including employment discrimination, wrongful termination, harassment, retaliation, and wage-hour class action lawsuits, as well as employment handbook and personnel policy preparation, and general preventive advice including hiring, discipline and termination practices. Ms. Moore has experience litigating matters in state and federal courts, state administrative tribunals, and in arbitration. Ms. Moore regularly conducts management training and lectures on employment issues. She also teaches an employment law course at San Diego State University and serves on the Human Resources Advisory Board for the University. Danielle also serves on the Board of Directors for the PHCC Academy and the Lawyers Club of San Diego. She also serves as President of the Lawyers Club’s North County Chapter. Ms. Moore is "AV" Peer Review Rated Preeminent by Martindale-Hubbell and was recently named one of San Diego’s 2014, 2015 and 2016 "Top Attorneys," one of 2014 and 2015’s "Best of the Bar," as well as one of the "Top 40 under 40 Best and Brightest Minds of San Diego." She started her career working on the United States Senate Judiciary Committee for Senator Charles Grassley in Washington, D.C.
FMLA/CFRA, ADA/FEHA, PDL And Workers' Comp Overlap In California: Overcoming Intersecting Compliance Challenges
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