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Are Your Employees Working The System?: Learn How To Recognize, Combat, And Prevent FMLA/CFRA Abuse
About This Course:
You have an employee on intermittent FMLA/CFRA leave who also seems to have come down with a case of Monday- or Friday-itis. Oddly enough, he's regularly "sick" and on Mondays, Fridays, and days before and after major holidays.

Is it just coincidence or is it FMLA/CFRA abuse? If it is abuse, can you prove it? Can you put a stop to it while simultaneously protecting yourself from costly, ugly retaliation lawsuits?

Courts are regularly deciding cases involving FMLA abuse. No employer should be afraid to hold employees accountable for their actions for fear of legal entanglements. FMLA and CFRA rules and regulations provide substantive guidance on the steps employers can legally take to curb abuse.

The right to thwart FMLA/CFRA abuse doesn't come without risks. It's important to walk the legal line carefully when investigating potential claims of abuse and disciplining employees appropriately; otherwise, there's a good chance you could run the risk of sparking interference or retaliation claims.

Learning Objectives

  • The kinds of advance notice you can legally require before honoring leave requests in certain instances
  • Methods to craft your attendance policy so you can take disciplinary action against workers who don't provide adequate notice and/or documentation for repeated absences
  • How to spot patterns of potential abuse, including the dreaded "Monday/Friday syndrome"
  • Your right to enforce a policy requiring employees on protected FMLA/CFRA leave to not engage in other work and to stay close to home while on leave
  • Key instructions to give every employee who is using authorized intermittent leave when calling in their absence
  • Tips for dealing with medical providers so you get complete and sufficient medical certifications/re-certifications
  • How to identify suspected tampering on certification forms submitted by an employee and not directly from the medical provider
  • How the overturning of the Defense of Marriage Act in June 2013 has affected the rights of same-sex couples under FMLA and CFRA
  • What to do when an employee's postings on Facebook or through other social media suggest that leave abuse may be occurring
  • What you should never do concerning social media when you suspect an employee of FMLA/CFRA abuse
  • How far you can go to catch a FMLA/CFRA abuser in the act-and what you need to consider before having an employee tailed
  • How to lawfully disqualify employees on leave from certain bonuses as a way to combat abuse
  • How to prevent retaliation or leave interference claims when investigating FMLA/CFRA abuse
  • And much more!

In just 90 minutes, you'll learn the steps you can legally take to curb and prevent FMLA/CFRA leave abuse.

About Your Presenter

Attorney Allen Kato owns his own law practice in San Francisco and advises employers in all aspects of employment law, including leaves of absence laws, equal employment opportunity, wage and hour, wrongful termination, privacy, unfair competition and trade secret matters.

Mr. Kato also trains managers and human resources professionals on a regular basis. He holds bachelor's degree from the University of California, Davis and a law degree from the McGeorge School of Law at the University of the Pacific. He is a member of the California Bar.

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