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CFRA Abuse: Employer Success Strategies for Investigation and Prevention

You suspect an employee is taking CFRA leave to do some work on the side, or for other reasons not covered by the law's protections. What are the steps to prove your hunch right? And if you terminate him, how do you head off legal headaches? For California employers, a maze of laws and regs protects employees, and trying to navigate it while keeping operations going smoothly can be challenging.

The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) protect employees who need time off for a number of medically related reasons—and these reasons seem to keep multiplying! While most employees have good reasons for requesting protected leave, some take unfair advantage of their rights. The good news is that when they do, you don’t have to sit back and take it.

When it comes to “busting” CFRA abusers you need all the legal tools available under state and federal law. And, while California’s leave law is more stringent than FMLA, both provide ways to identify the need for leave and thwart and prevent CFRA/FMLA abuse. But you must be on your game when doing so.

Join us to learn how to fine-tune your CFRA abuse radar so you can spot when protected family and medical leave is being misused and legally stop leave abusers.

Learning Objectives
  • How to confirm that an employee is eligible for CFRA or FMLA leave, how much time is allowed, and in what increments
  • The practical impact of the Richey v. Auto Nation case, where a moonlighting employee was fired for CFRA abuse
  • When you can require employees to schedule absences in advance, including policy-drafting tips to live by!
  • How to spot patterns of CFRA abuse when absences surround weekends and holidays or the employee works another job
  • When and how to investigate for suspected leave abuse, and deny reinstatement
  • How to use medical certifications—and when to require re-certifications
  • How to train supervisors in managing CFRA/FMLA leave
  • How to maintain and apply consistent leave policies in accordance with state and federal law
    And much more!
About Your Presenter

Allen Kato, Esq.
Attorney At Law

Allen Kato, owner of his own law practice in San Francisco, advises employers in all aspects of employment law, including leaves of absences, classification of employees, compensation and contract compliance, employer policies, practices, and procedures, and equal employment opportunity compliance. Previously, he was an attorney in the employment group at Fenwick and West for over 13 years. Before that Mr. Kato was with Schachter, Kristoff, Orenstein & Berkowitz, an employment law boutique, for 15 years. Mr. Kato is a frequent speaker at BLR, HR Hero and CER webinars and employment law conferences, such as the California Employment Law Update.
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