1 / 15

Mastering Employee Leaves and Accommodations

Mastering Employee Leaves and Accommodations. Presented by: Chastin H. Pierman, Esq. cpierman@mycharterlaw.com Roger Scott, Esq. rscott@mycharterlaw.com. Various Leave Laws. Various Leave Laws (cont’d). Family and Medical Leave Act (FMLA). Purpose of Leave Eligibility for Leave

eruben
Télécharger la présentation

Mastering Employee Leaves and Accommodations

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Mastering Employee Leaves and Accommodations Presented by: Chastin H. Pierman, Esq.cpierman@mycharterlaw.com Roger Scott, Esq. rscott@mycharterlaw.com

  2. Various Leave Laws

  3. Various Leave Laws (cont’d)

  4. Family and Medical Leave Act (FMLA) • Purpose of Leave • Eligibility for Leave • Notice Requirements • Medical Certification Requirement; Ongoing • Pay During Leave • Obligation to Continue Health Benefits • Right to Reinstatement

  5. California Family Rights Act (CFRA) • Same Purposes as FMLA; Often Associated with Baby-Bonding • New Eligibility Requirements • Pay During Leave • Obligation to Continue Health Benefits • Right to Reinstatement

  6. Pregnancy Disability Leave (PDL) • Purpose of Leave • Eligibility for Leave • Notice Requirements • Medical Certification Requirement • Pay During Leave • Obligation to Continue Health Benefits • Right to Reinstatement

  7. Leave Interactions

  8. Americans With Disabilities Act (ADA)/Fair Employment and Housing Act (FEHA) Overview • Both Federal and State Law Govern • 2 Key Legal Duties: • To Interact in Good Faith; and • To Provide Reasonable Accommodations to Qualified Individual(s) • Leave May be a Reasonable Accommodation

  9. ADA/FEHA Basics • Disabilities Defined • What is Not a Disability • Determine Whether Individual is “Qualified” • Define Essential Job Functions in Job Description

  10. ADA/FEHA Interactive Process Interactive Process Tips: • Do Not Say No Until You “Interact” In Good Faith • Ask Employee Questions about Possible Alternatives • Obtain Documentation of the Disability from Health Care Provider • Document the Process • Consider Use of Occupational Experts (e.g., Ergonomic Assessment) • Hold Face-to-Face Meetings, If Possible

  11. ADA/FEHA Reasonable Accommodations • Examples of Reasonable Accommodations • Obligation is Ongoing • When Can the Employer Deny Requests for Accommodation? • Not Reasonable • Undue Hardship • Fundamental Alteration of Essential Functions • Direct Threat to Health and Safety

  12. Workers’ Compensation • Covers Workplace-Related Illness/Injuries; Exclusive Remedy for Employee • Provide Claim Form (DWC-1) • Notify Carrier Immediately • Designate Leave as FMLA/CFRA • Continue Health Benefits • Returning Employee to Work Depends on Medical Certification • Accommodations, Including Alternative Position

  13. Consequences for Violating Leave Laws • Administrative Proceedings • Penalties • Lawsuits • Granting Agency Inquiries • Employee Morale • Intestinal Distress

  14. 14

  15. QUESTIONS AND RESPONSES THANKS FOR ATTENDING TODAY

More Related