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About This Course:
"What happens when various leave laws and workers’ comp rules overlap? How do I staff a position while an employee is on pregnancy leave? What gets precedence when?"

Sounds simple enough — until you face real world situations. Since the California Fair Employment and Housing Commission broadened its definition of disability and further defined employer obligations for accommodations two years ago, you've been navigating a complicated landscape.

What qualifies as a disability and who must you accommodate when it comes to qualified disabilities that can either be mental, physical and/or pregnancy related?

This isn't nice-to-know... it's must-know, as an increasing number of California employees have filed charges with the DFEH or are proceeding with disability discrimination lawsuits. For example:
  • An office manager filed suit against her employer claiming she was fired because she requested and was granted a leave of absence related to her medical treatment for a work related injury. The employee was granted unpaid leave to undergo medical treatment, but was terminated on while on medical leave for allegedly falsifying a company record that was discovered by the employer while the employee was on medical leave.

  • A full-time saleswoman was three months pregnant. She requested a reduced work schedule due to severe morning sickness and dehydration. Subsequently, the Sales Department made the decision that all salespeople must work full-time and no reduced schedules were available. The saleswoman was sent home and was terminated six months later due to staff reductions. Her lawsuit claimed disability discrimination, failure to engage in the interactive, failure to make a reasonable accommodation and wrongful termination for firing her while she was pregnant.
Clearly, HR professionals must know how to manage an injured worker's leave of absence under FMLA, CFRA, PDL and workers' compensation laws to avoid civil liability. Join us to learn how to manage the real-life, often complex compliance issues at the intersection of leave and disability laws here in California.

Learning Objectives:
  • How to tell if an employee is “substantially limited” in the performance of a major life activity under the ADA/FEHA
  • How to manage real-life scenarios in the treacherous triangle of leave and disability laws (ADA/FEHA, FMLA/CFRA), and the CA workers’ comp code.
  • What to do if an ill or injured worker has exhausted leave and is still unable to return to work
  • Tell-tale signs that your existing leave policies and practices could likely spark claims against your organization
  • What you should do to determine if an employee should be granted more time off than he or she is legally entitled to
  • The checklist to follow before reassigning, transferring, or terminating an employee protected under federal and California disability and leave laws
  • How to master pregnancy disability-related issues, including leaves of absences, light duty and transfers as accommodation
  • And much more
  • In just 90 minutes, you’ll learn how to keep your organization in compliance with the latest leave, disability, and workers’ comp rules and regulations that apply to California employers.
About Your Presenter:

Attorney Kristen J. Nesbit is a partner in the Los Angeles office of Fisher & Phillips LLP, where she concentrates her practice on employment litigation and client counseling. Her practice focuses on representing employers against claims of discrimination, harassment, retaliation, wage and hour matters, and wrongful termination. She has represented public entities, private corporations, and individuals, in both state and federal courts.

Ms. Nesbit has also represented various employers before California’s Department of Fair Employment and Housing, Division of Labor Standards and Enforcement and the Workers Compensation Appeals Board, where she has successfully defended clients against Labor Code Section 132a claims. She also advises employers on all aspects of employment related matters, including hiring, company layoffs, workers compensation benefits and claims, medical leaves, developing employment policies and handbooks, and employee discipline and termination
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