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How To Spot And Stop CFRA Abuse: What You Can Legally Do To Prevent Employees From Working The System

Webinar: ID# 1026360
Recorded On-Demand
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About This Course:
As you well know, employees who consistently come in late, leave work early, or call in on short notice can create major HR management headaches, not to mention destroy productivity and morale across your entire workforce.

Some legitimate disruptions are unavoidable under laws like the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), but you’ve probably encountered one or more employees trying to work the system to take advantage of your company.

Here’s some good news: When they do, you don’t have to sit back and take it! Both CFRA and FMLA provide ways to identify the need for leave and, by practical application, thwart and prevent CFRA/FMLA abuse in many cases. But you also need to be careful: The last thing you want is to have a legal blunder that could result in a court case when you’re trying to put a stop to employee leave abuse.

Join us when California-based attorney Miranda Watkins of Fisher Phillips LLP will walk you through the legal steps for preventing leave abuse in California.

You’ll learn:
  • Practical tips on how to thwart family and medical leave abuse in California without overstepping your legal bounds
  • Best practices for obtaining documentation to determine if a
  • California employee is even entitled to leave under FMLA/CFRA
  • What you can legally do if the medical certification is vague, incomplete, or ambiguous
  • What to do if an employee takes intermittent or reduced schedule leave but doesn’t bring a note justifying the change in work hours
  • How to handle a situation where the employee keeps telling you he or she must take FMLA/CFRA leave but never brings in a doctor’s note—including a step-by-step guide on what your emails and/or letters to the worker should state
  • What you legally may do when the medical restrictions aren’t clear and the worker’s absences are unpredictable
  • How to manage a situation where, just before an employee’s leave is set to expire, he or she serves up a new note for another set period of time off
  • Documentation tips to live by—the letters to send all employees on leave, when, and what to include in each correspondence
  • What to do if the employee says he or she needs different accommodations than what the doctor’s note specifies
  • When you can reject a request for time off following the expiration of protected leave
  • What can you require/request from employees on medical leave—and what you never can legally do under the law
About Your Presenter:

Miranda Watkins, Esq.
Associate
Fisher Phillips LLP

Miranda Watkins is an associate in the firm's San Diego office. Ms. Watkins is passionate about counseling businesses of all sizes on their day-to-day labor and employment issues, offering preventative advice and tools to protect employers. She also litigates cases on variety of issues, including disability discrimination claims, leaves of absences, wage and hour claims, retaliation and wrongful termination. She represents employers in a range of industries in all areas of labor and employment law. Before joining Fisher Phillips, Ms. Watkins worked as an associate attorney for a national law firm, focusing on employment and general civil litigation matters.
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How To Spot And Stop CFRA Abuse: What You Can Legally Do To Prevent Employees From Working The System
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