CFRA Certifications: Critical Compliance Essentials To Keep You Out Of Legal Hot Water

About This Course:
Although the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) are similar, there are several key differences when it comes to requesting medical certifications here in California.

HR professionals face significant challenges when employees need CFRA leave to care for a family member, specifically due to the expansion in other laws of “family member” to include a grandparent, grandchild, or parent-in-law, but not in CFRA or FMLA. These and other changes in the regulations will make concurrent leave more difficult to administer in conjunction with your paid leave policies.

Join us when attorney Danielle Garcia of Fisher & Phillips will provide the latest updates on how to ensure that FMLA/CFRA certification requests comply with state and federal law. You’ll discover what you may legally request in terms of a medical certification from your employees and strategies for getting the information you need to properly designate leave.

Learning Objectives
  • Key CFRA definitions
  • Your rights as an employer when it comes to medical leave for employees
  • Guidelines for getting the proper healthcare certification forms you need
  • Who is included under the PFL (Paid Family Leave) and what you may request to certify compliance
  • Best practices for obtaining documentation to determine if a California employee is entitled to paid and/or protected leave
  • Why it’s important to have proper certification, and what that entails
  • Rules related to fitness-for-duty certifications before and after returning from leave
  • Compliance essentials for certifications pertaining to pregnancy disability leave here in California
  • The difference between serious health conditions and common ailments identified on the medical certification so you can properly allow or deny leave
  • How to handle a situation where you need to obtain clarification on a medical certification due to vagueness, incompleteness, or ambiguity
  • The limits to your rights to obtain subsequent medical opinions concerning a serious health condition
  • Recent legal and legislative developments employers must be aware of
About Your Speaker

Danielle Garcia, Esq.
Fisher & Phillips LLP

Danielle Garcia represents clients in all aspects of labor and employment law, including traditional labor relations management, harassment, and discrimination. She currently advises employers regarding proper leave practices to prevent costly litigation. Prior to her legal career, Danielle worked as a human resource generalist where she administered FMLA and managed complicated leave scenarios. She recently was a presenter at BLR’s FMLA masters class in San Diego.
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