California is one of the most complex states in which to do business and that complexity flows through to the complications that employers face when meeting their obligations under CA employment laws. One of these reasons is the many types of leave offered to CA employees and the many reasons for which employees can take leave. Employer requirements for managing leaves especially medical leaves of absence are bewildering. Even human resources professionals can be confused by the myriad of leave types in the state. And for some leaves even local laws must be considered. Just as serious is how these types of leaves interact with federal requirements. Although some provisions under California laws are similar to federal laws, many of them are not and assuming they are can cause big trouble. It can feel overwhelming to manage leaves of absence and feel confident that the employer is compliant.
Astute compliance with laws related to the various leave types is critical for any company with California-based employees. Liability costs for non-compliance can be staggering. Just as important is the cost of damaged employee relations and engagement as well as external organizational reputation. While companies will turn to their labor attorneys to walk them through the specific details of employee situations, it’s important for HR professionals and anyone else who deals with managing and monitoring leaves of absence in their companies to understand this field.
Learning Objectives:
- Overview of job protected leave types: California Family Rights Act (CFRA); Family Medical Leave Act (FMLA); Pregnancy Disability Leave (PDL); California New Parent Leave Act (NPLA); baby bonding (“parental leave”); leave for domestic violence victims; leave for alcohol and drug rehabilitation; state paid sick leave under the Healthy Workplace, Healthy Families Act of 2014; and state workers’ compensation.
- Overview of topics related to protected leave types: Defense of Marriage Act (DOMA); Americans with Disabilities Act Amendments Act (ADAAA), California ADA, Fair Employment and Housing Act (FEHA); and compliance with interactive process requirements.
- Details about Leaves for Victims of Crime and Victims of Domestic Violence, Sexual Assault, or Stalking, including written documentation and usage of sick leave, vacation or PTO time.
- Details about federal and state Military Leave and Military Spouse Leave, including the “escalator principle”; reinstatement; and termination restrictions.
- Overview of wage replacement leave types: California Paid Sick Leave under the Healthy Workplace, Healthy Families Act of 2014; kin care; organ or bone marrow donor leave; state workers’ compensation; Paid Family Leave (PFL); and State Disability Insurance (SDI).
- Expanded details on the California Paid Sick Leave including annual grant vs. accrual methods; pay day obligations; and other record-keeping requirements.
- Overview of other types of required leaves: voting, jury duty or witness, school activities; volunteer emergency responder, civil air patrol, and bereavement.
- Managing leaves of absence with company benefits including paid time off (PTO) and vacation.
- How the many types of leave types interact with one another.
- Required notices and postings related to leave types.
- Case studies and workshop activities will be used throughout the seminar to demonstrate and reinforce concepts presented.
Areas Covered:
- Elements of the program’s featured leaves.
- State leaves in the state of CA.
- Eligibility requirements for leave.
- Medical certification, posting and notice requirements for leave.
- Pay obligations for the employee under certain leave requirements.
- Benefits provided and methods for employees on leave.
- Leave integration. How state leaves and FMLA interact. How they do not interreact.
- Lactation accommodation requirements.
- Considerations before making decisions to deny requests for leave of absence.
- Obligations and suggestions for communicating with employees on leaves of absence.
- The Americans with Disabilities Act (ADA.)
- How the state of CA’s definition of disability is much lower than the federal ADA. What that means for employers regarding accommodations and interaction.
- Interactive process requirements including suggestions for record-keeping and ongoing management.
- Managing performance of employees who are on intermittent leave and accommodation including documentation best-practices.
Course Content
Day 01 (10:00 AM - 5:00 PM EST)10.00 AM - Session Start Time
10:00 AM - 10:15 AM
Introduction: review agenda; ice- breaker, housekeeping items
10:15 AM - 11:30 AM
Overview of Protected Leaves of Absence
- California Family Rights Act (CFRA); Family Medical Leave Act (FMLA); Pregnancy Disability Leave (PDL); California New Parent Leave Act (NPLA); baby bonding (“parental leave”); leave for domestic violence victims; leave for alcohol and drug rehabilitation leave; state- mandated paid sick leave under the Healthy Workplace, Healthy Family Act of 2014; and state workers’ compensation.
- Topics related to protected leave types: Defense of Marriage Act (DOMA); Americans with Disabilities Act AMendments Act (ADAAA); California ADA; Fair Employment Housing Act (FEHA); and compliance with interactive process requirements.
- Expanded discussion about federal and state Military Spouse Leave - including the “escalator principle”; reinstatement; and restrictions pertaining to termination.
- Other required leaves to include in your employee handbook and policies: Leaves for Victims of Crime and Victims of Domestic Violence, Sexual Assault, or Stalking - including written documentation and usage of sick leave, vacation, or PTO time.
- Small group exercises to demonstrate and aid comprehension of these concepts.
11:50 AM - 01:05 PM
Overview of Wage - replacement Leaves of Absence
- California Paid Sick Leave under the Healthy Workplace, Healthy Families Act of 2014; kin care; organ or bone marrow donor leave; state workers’ compensation; Paid Foamily Leave (PFL); and State Disability Insurance (SDI).
- Expanded discussion on the California Paid Sick Leave including annual grant vs. accrual methods; pay day obligations; and other record- keeping requirements.
- Overview of other types of required leaves: voting, jury duty or witness, school activities, volunteer emergency responder, civil air patrol, and bereavement.
- Small group exercises to demonstrate and aid comprehension of these concepts.
01:20 PM - 02:35 PM
Putting It All Together: Overlapping and Integrating Leave Types.
- Integrating ADA, FEHA, and Workers’ Compensation with employer benefits and time- off.
- Lactation requirements.
- The importance and criticality of job descriptions.
- Documentation, certifications, and ongoing record- keeping.
- Small group exercises and case studies to help reinforce concepts.
02:55 PM - 04:15 PM
Putting It All Together: Overlapping and Integrating Leave Types.
- Integrating ADA, FEHA, and Workers’ Compensation with employer benefits and time- off.
- The importance and criticality of job descriptions.
- Documentation, certifications, and ongoing record- keeping.
- Small group exercises and case studies to help reinforce concepts.
Day 1 summary
Day 02 (10:00 AM - 01:30 PM EST)
10:00 AM - 11:30 AM
Get Grounded and Get Ahead (of Potential Problems): Strategies to Proactively Manage Leaves of Absence and Performance
- How to continue managing performance for employees using leaves of absence.
- Essential job functions - employer best practices for keeping job descriptions up- to- date
- Progressive discipline - why this is a necessary component of your company’s operating structure
- Check- in’s are key: conversations, communication, and coaching.
- Supervisor’s role and employee’s role in performance management and leaves management.
- Small group exercises and case studies to help demonstrate concepts.
11:50 AM - 01:05 PM
Leaves Management: Key Points to Help You Practically Fulfill Employer Obligations
- Partnerships to effectively manage leaves of absence: teamwork among HR, Safety, and Leaders.
- Obligations and suggestions for communicating with employees on leaves of absence.
- Required notices and postings for compliance and communication.
- Small group exercises to help demonstrate concepts.
Seminar summary and wrap-up
Course Provider
Diane L. Dee,
President ,
Advantage HR ConsultingDiane L. Dee, President of Advantage HR Consulting, has over 25 years of experience in the Human Resources arena. Diane’s background includes experience in HR consulting and administration in corporate, government, consulting and pro bono environments. Diane founded Advantage HR Consulting in early 2016. Under Diane’s leadership, Advantage HR provides comprehensive, cost-effective Human Resources solutions for small to mid-sized firms in the greater Chicagoland area. Additionally, Diane conducts webinars on a wide-variety of HR topics for various training firms across the country.
Diane holds a Master Certificate in Human Resources from Cornell University’s School of Industrial and Labor Relations and has attained SPHR, SHRM-SCP, sHRBP and HRPM® certification.
Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.
Who Should Attend
- Human Resources
- Managers
- Business Owners
- Employers