1. Mastering Employee Leaves and Accommodations
Presented by:
Chastin H. Pierman, Esq.
Roger Scott, Esq.

2. Workers’ Compensation
Various Leave Laws
CFRA
FMLA
PDL
ADA/
FEHA
Workers’ Compensation

3. Various Leave Laws (cont’d)
CFRA
FMLA
PDL
ADA/FEHA
Workers’ Compensation

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