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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Beginner

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Friday, December 13, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$147.00
CLE
ALL

This CLE webinar will provide an overview of the Family and Medical Leave Act (FMLA) for new attorneys. The expert panel will guide practitioners through FMLA basics including who qualifies as covered employers and eligible employees, what conditions qualify for leave, and how much leave must be provided. The panel will also address the administrative obligations imposed on employers, discuss what employers may and may not do during an employee's leave, and offer best practices for mitigating risk.

Faculty

Osaama Saifi
Attorney
CDF Labor Law

Mr. Saifi is an experienced litigator who has tried multiple jury trials and defended employers and company executives in litigation related to meal periods, rest periods and overtime. He focuses his practice on defending employers in wage and hour class actions and claims brought under California’s Private Attorneys General Act. Mr. Saifi also defends employers from discrimination and harassment claims brought under California’s Fair Employment and Housing Act and Title VI under federal law. He also has experience counseling both large public corporations and private companies on state and federal laws relating to personnel policies, employee handbooks, termination accommodations, COVID-19 and compensation, and conducting onsite inspections and audits.

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Ashley A. Halberda
Partner
CDF Labor Law

Ms. Halberda advises and represents clients in matters involving labor and employment law. She has extensive experience in representing employers before state, federal and appellate courts in various employment disputes involving claims of wrongful termination, discrimination, harassment, and wage and hour violations for clients in the banking, retail, insurance, food and beverage, hospitality and manufacturing industries. In addition to her litigation practice, Ms. Halberda plays a critical advisory role to California employers. She also defends clients against class actions and Private Attorneys General Act matters.

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Description

One of the most significant federal laws impacting employment practitioners and their clients is the FMLA. FMLA provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons including the birth of a child; caring for a child, spouse, or parent with a serious health condition; or for the employee's own serious health condition.

Navigating FMLA's requirements is challenging given the expansive scope of what qualifies as a "serious health condition," the allowance for intermittent leave use, and the significant notice and recordkeeping obligations imposed on employers. Additionally, the law affords certain benefits and protections to employees that limit actions the employer can take before, during, and even after the employee's leave. Therefore, new employment attorneys must understand FMLA to help clients mitigate the risk of enforcement action.

Listen as our expert panel guides practitioners through the basics of FMLA including who are covered employers and eligible employees, and what conditions qualify for leave. The panel will discuss the administrative challenges associated with FMLA, including providing notice to eligible employees, calculating and tracking FMLA leave use, and employer recordkeeping requirements. The panel will also offer best practices for mitigating client risk of enforcement action.

Outline

  1. Introduction
  2. FMLA basics
    • Covered employers
    • Eligible employees
    • Qualifying reasons for leave
    • Leave entitlement
      • Calculating FMLA leave
      • Intermittent or reduced schedule leave
      • Concurrent use with employer-paid leave
      • USERRA
    • Requesting FMLA
    • Employer notice obligation
    • Medical certification requests
    • Recordkeeping requirements
    • During the employee's leave
    • Returning from leave
  3. FMLA benefits and protections
    • Job protection
    • Group health plans
  4. FMLA enforcement and common claims
  5. Pointers on interaction with employer policies and other federal/state laws
  6. Practitioner takeaways

Benefits

The panel will review these and other key considerations:

  • Who are covered employers under FMLA? Eligible employees?
  • What benefits and protections are provided by FMLA for eligible employees?
  • What conditions qualify for FMLA leave?
  • How much leave are eligible employees entitled to? When may employees use intermittent leave?
  • What notice related to FMLA leave must employers provide to eligible employees?
  • Under what circumstances can an employer request medical certification/documentation?
  • What can employers do and not do during the employee's leave?