2-days workshop on
Navigating and Managing Employee Leave Under FMLA, ADA, Workers Comp
Date: Monday, 07 May 2018 - Tuesday, 08 May 2018 | Location: Nashville, TN
Course Description
Even the most seasoned H.R. practitioners and leave administrators can get tripped up by employee leave issues. First there is all the different requirements and nuances of the Family Medical Leave Act. Employees can also be eligible for leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Amendments (ADAAA). If that's not enough an employee who sustains a work-related injury can be eligible for time off under Workers' Compensation laws. Some employees can be eligible under two laws or even all three at once. So, what's an employer to do? This seminar will help you untangle the web and navigate the overlap. You will also learn how to take a holistic, proactive approach to managing employee leave - and issues that may come up with employees on leave-to minimize leave abuses.

Learning Objectives
Intro/Overview: Employee Leave and applicable laws- brief description and overview
FMLA Basics
  • Employers Covered, employee eligibility
  • Notification Issues
  • Health Care Providers, Tracking, and Method for Taking FMLA
  • Job and Benefit Protections
  • Retaliation/Interference/Discrimination
ADA/ADAAA/Workers' Comp/Section 503
  • Overview/brief description/history, compliance obligations
  • What is NOT covered under the ADA/ADAAA?
  • Defenses: (undue hardship, direct threat)
  • Specific conditions (HIV/AIDS, alcoholism v drug users)
  • Reasonable Accommodations, The interactive process
  • Section 503 of the Rehabilitation Act
  • Leave under Workers' Comp
  • Don't Forget State/Local Laws
Leave Management/Administration/Abuse Prevention
  • The Big Picture
  • Using the Interactive Process to Help Manage ADA Leave
  • Monitoring Leave, Tracking Dates
  • Extension Requests and/or Return to Work Issues
  • Investigation
  • The Decision
  • Other Issues
Who will Benefit
  • Business Owners
  • Managers
  • HR Representatives
  • HR Generalists
  • HR Assistants
  • Payroll Professionals
  • Chief Financial Officers
  • Controllers
  • Consultants
  • Managers
  • Supervisors, etc
Agenda

Day One:(8:30 a.m - 4:00 p.m)

(8:30 a.m. - 9:00 a.m.: Registration Process)

I. Intro/Overview: Employee Leave and applicable laws- brief description and overview (9:00 a.m - 9:30 a.m)
  • FMLA and Military Family Leave
  • ADA/ADAAA
  • Workers' Comp
  • USERRA
II. FMLA Basics (9:30 a.m - 10:45 a.m)
A. Employers Covered, employee eligibility
  • Who is a "family member"?
  • Qualifying reasons
    • Serious health condition
    • Qualifying exigencies for Military Family Leave
  • FMLA activities
  • What's protected under FMLA?
  • Continuous v Intermittent Leave (and Reduced Schedule)
  • FMLA Military Leave (Qualifying Exigency, Military Caregiver)
B. Notification Issues
  • Eligibility, Designation, and Rights & Responsibilities Notices
  • Company policies, Employee Handbook provisions
  • Certifications, Re-certifications
    • 2nd and 3rd Opinions
Break (10:45 a.m. - 11:00 a.m.)

C. Health Care Providers, Tracking, and Method for Taking FMLA (11:00 a.m - 12:00 p.m)
  • What is a "Health Care Provider"?
  • Certifications from outside US or answered in foreign language
  • Tracking the "12-month" period
  • Calculating FMLA hours (continuous and intermittent leave)
  • Special rules (e.g. airline flight crew and educational agency employees)
D. Job and Benefit Protections
  • Reinstatement to same or equivalent position
    • When?
    • Exceptions?
  • Return to Work Issues
    • Re-certifications
    • FFD certifications
    • Light Duty/Reassignment/Transfer
  • Health Benefits (payment of premiums, recovery if employee quits)
E. Retaliation/Interference/Discrimination

Lunch (12:00 p.m. - 1:00 p.m.)

III. ADA/ADAAA/Workers' Comp/Section 503 (1:00 p.m - 2:30 p.m)

A. Overview/brief description/history, compliance obligations;
B. Definitions:
  • "Disability", "Impairment"
  • "Substantial Limitation"
  • "Major Life Activity"
  • Physical Impairment/Mental Impairment
  • Mitigating Measures
  • "Regarded as" disabled
  • Qualified Individual, Essential Job Functions
  • Reasonable Accommodation
C. What is NOT covered under the ADA/ADAAA?

Break (2:30 p.m. -2:45 p.m.)

D. Defenses: (undue hardship, direct threat) (2:45 p.m - 4:00 p.m)
E. Specific conditions (HIV/AIDS, alcoholism v drug users)
F. Reasonable Accommodations, The interactive process
  • Initiating the process (who, what, when, where, why & how)
  • Selecting the reasonable accommodation
  • Leave as a reasonable accommodation
  • Follow-up
G. Section 503 of the Rehabilitation Act
H. Leave under Workers' Comp
I. Don't Forget State/Local Laws
Day Two:(9:00 a.m. - 4:30 pm)

IV. Leave Management/Administration/Abuse Prevention (9 a.m - 10:30 a.m)
A. The Big Picture
  • Getting (How many leave requests, who is requesting, usual reasons for leave)
  • Addressing the Big Picture (An EAP program? Safety Issues? Workplace stress, bullying, etc.)
  • Determining what laws apply:
    • To your company: (big enough for FMLA/ADA etc?)
    • To this request: (i.e. for own serious health condition, family member, work-related injury)
      • Potential overlap - which law(s) apply, which do you follow and how?
  • Attendance, call-in, notification, lateness policies and procedures
Break (10:30 a.m. -10:45 a.m.)

10:45 a.m - 12:00 p.m.

  • Certifications and re-certifications
  • Forms, templates, documentation, recordkeeping
  • Designating a go-to person and chain of command
B. Using the Interactive Process to Help Manage ADA Leave
  • Determining Whether Leave is an Undue Hardship
  • Offering Alternative Accommodations
C. Monitoring Leave, Tracking Dates
D. Extension Requests and/or Return to Work Issues

Lunch (12:00 p.m. - 1:00 p.m.)

E. Investigation (1:00 p.m - 2:30 p.m)
  • Factors to Consider before investigating
  • Looking for patterns
  • Using social Media
  • Using surveillance
  • Interviews
  • Re-certifications
  • Contacting Health Care providers
  • Confidentiality
F. The Decision
  • FMLA and the "Honest Belief" Defense
  • Fraud
  • Undue Hardship
Break (2:30 - 2:45 p.m.)

G. Other Issues (2:45 p.m – 4:30 p.m)
  • Disciplining and Employee on Leave
  • Travel Restrictions
  • Outside Employment while on leave
  • Partying/taking trips while on leave
  • Other case examples/case studies
  • Questions, Comments, Answers
*** Seminar will also include some case studies as well as real case examples















Janette Levey Frisch - Founder of The EmpLAWyerologist Firm/Attorney


Janette is an attorney with more than 20 years legal experience. Janette is the founder of The EmpLAWyerologist Firm. Janette works with employers on most employment law issues, acting as the Employer's Legal Wellness Professional - to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm's weekly blog and has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is also a contributor to the recently released book, "Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition", published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.

Price/Register

Register yourself for this brainstorming session Now . You can do single registration or group or register via P.O/Check or Wire.

Register Online
Single Registration
Regular Price : $1,199.00
Special Price : $799.00 You Save: $400.00
Special Price

$799 - If you Register before February 15, 2018
$999 - If you Register before March 20, 2018
$1,199 - All Registrations after March 20, 2018
Special Group Discount
$2,099 - Register for 3 attendees
*Hurry! This option is limited and based on availability. Great Savings with Group Ticket!!!
Your registration fee includes the workshop, all course materials and lunch.
Register by P.O. / Check / Wire Transfer
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If you are Paying by Check:
Checks should be payable to Holkoi LLC and mailed to:
38780 Tyson Lane Suite 210 Fremont
California 94536, USA

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Note
If you have a group of more than five people or If you plan on registering a corporate team, please feel free to contact our customer support team at (510)-857-5896 or send an email to customersupport@onlinecompliancepanel.com for a special discount.
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Terms & Conditions to Register for the Workshop
Your registration for the workshop is subject to following terms and conditions. If you need any clarification before registering for the workshop call us at (510)-857-5896 or email us at customersupport@onlinecompliancepanel.com

Payment Process
Payment is required 2 days before the date of the conference. We accept American Express, Visa and MasterCard. Make checks payable to HOLKOI LLC. (our parent company)

If you are paying by check, the check should be payable to HOLKOI LLC and mailed to: 38780 Tyson Lane Suite 210 Fremont California 94536
The registration fee includes: The workshop; all related course materials; tea/coffee and lunch on both the days

Cancellations and Substitutions
For online registration, use your American Express, Visa or MasterCard.

In case you find difficulty in registering, call us at (510)-857-5896 or sent an email to customersupport@onlinecompliancepanel.com. We will help you to register hassle-free.

Any cancellation request received at least 10 calendar days prior to the start date of the event will receive a refund with a $200 administration fee deduction. No cancellations will be accepted - nor refunds issued - within 10 calendar days from the start date of the event.

On request (before the commencement of the workshop) a credit for the amount paid minus administration fees ($200) will be transferred to any future Online Compliance Panel event and a credit note will be issued. Substitutions may be made at any time.

Onsite registrations are also possible. However we accept only credit card payments and check payments. Conference material will be issued on the spot depending on the availability. In case it is not available we will send the material by post after the conference is over. In the event, Online Compliance Panel cancels the workshop; the company is not responsible for any airfare, hotel, other costs or losses incurred by registrants. Some topics and speakers may be subject to change without notice.

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Documents to Carry
Online Compliance Panel will issue an electronic event pass to each registered candidate once the registration is confirmed. Please bring the pass to the venue of the event.
Location:

Nashville, TN

Venue/Hotel:

Will be Announced Shortly

Local Attractions :
Parthenon

Parthenon is an imitation in Centennial Park, Nashville, Tennessee. It was outlined by Confederate veteran William Crawford Smith and implicit 1897 as a component of the Tennessee Centennial Exposition. The statue of Athena Parthenos inside is a recreation of the missing unique to cautious academic guidelines: she is cuirassed and helmeted, conveys a shield to her left side arm and a little 6-foot-high (1.8 m) statue of Nike (Victory) in her right palm, and stands 42 feet (13 m) high, overlaid with more than 8 pounds (3.6 kg) of gold leaf; a similarly giant serpent raises its head between her and her shield. This imitation of the first Parthenon in Athens fills in as a landmark to what is viewed as the zenith of classical architecture. The reproduced Parthenon filled in as the festival's art gallery and addressed the city's self-announced reputation as the "Athens of the South."
Nashville Zoo at Grassmere

The Nashville Zoo at Grassmere is a zoological garden and memorable ranch farmhouse which started in the late 1980s. Sisters Margaret and Elise Croft were the last two proprietors of the Croft House and family cultivate at Grassmere, found 6 miles (9.7 km) southeast of Downtown Nashville. In 2001, the Nashville Wildlife Park at Grassmere authoritatively turned into the Nashville Zoo at Grassmere. Starting at 2014, the zoo was center Tennessee's best paid fascination and contained 6,230 individual creatures, including 339 species. Its site is around 82 sections of land (33 ha) with an extra 106 sections of land (43 ha) accessible for development. It is an accredited member of the Association of Zoos and Aquariums (AZA).
Radnor Lake State Natural Area

Radnor Lake State Natural Area, likewise well known as, Radnor Lake State Park, is a prominent state normal area and state park in Oak Hill, Tennessee inside Nashville. Radnor Lake was made by the Louisville and Nashville Railroad Company in 1914, and was at first utilized for watering steam locomotives and providing the watering pens for sent domesticated animals. Utilized the sanctuary for fishing, but a adoration for the excellence of the region was available and, after itâ??s all said and done among L&N families and neighbors who lived in the encompassing slopes. The 1,332 acres (5.39 km2) nature jelly lies simply outside Nashville. Five miles of unpaved trails meander through the forested areas encompassing the lake. Otter Creek Road goes through the center of the recreation center. Visitors to Radnor Lake appreciate wildlife native to Middle Tennessee, including stream otters, beavers, mink, muskrat, bobcat, coyote and the white-tailed deer.
Tennessee State Museum

Tennessee State Museum is a vast gallery in Nashville depicting the historical backdrop of the U.S. state of Tennessee. Discover craftsmanship, history and culture at one of the biggest galleries in the nation. Interpretive shows start 15,000 years prior with ancient individuals and proceed through the mid 1900s, with uncommon presentations of furniture, silver, weapons, coverlets, and artistic creations. Bigger displays incorporate multiplications of a memorable print shop, an artwork exhibition, and a grist mill. The state historical center highlights an exhibition hall store offering carefully assembled artworks, gems, and Tennessee memorabilia. The gallery's Civil War possessions of uniforms, battle flags and weapons are among the finest in the country. The Tennessee State Museum right now involves three floors, covering around 120,000 square feet with more than 60,000 square feet devoted to displays. Visit the historical center's changing display for unique shows.
Opryland USA

Opryland USA later called Opryland Themepark and conversationally referred to just as Opryland. It was an amusement park in rural Nashville, Tennessee. It worked occasionally (generally March to October) from 1972 to 1997, and for a special Christmas-themed engagement every December from 1993 to 1997. During the late 1980s, about 2.5 million individuals went to the recreation center every year. Billed as the "Home of American Music," Opryland USA included a substantial number of melodic shows along with typical amusement park rides, for example, thrill rides, carousels and so on. All things considered, it was charged as a "showpark", and not an "amusement park" or "theme park" in its initial days.
Adventure Science Center

Adventure Science Center is a non-profit science museum for children located in Nashville, Tennessee. The mission is to open every mind to the wonders of science and technology, fostering a better understanding of ourselves and the world around us. The organization's name changed over the years, most recently from Cumberland Science Museum to Adventure Science Center in November 2002. The museum features over 175 hands-on interactive exhibits with themes including biology, physics, visual perception, listening, mind, air and space, energy and earth science. The building includes 44,000 square feet of exhibit space, a 75-foot-tall adventure tower and the Sudekum Planetarium.
John Seigenthaler Pedestrian Bridge

The John Seigenthaler Pedestrian Bridge, formerly the Shelby Street Bridge or Shelby Avenue Bridge, connects downtown Nashville to the residential outer edge of East Nashville, Tennessee, United States. It was built from 1907-09 and was originally named the Sparkman Street Bridge. The bridge spans 960 m (3,150 ft) and is one of the longest pedestrian bridges in the world. The bridge contains 48 spans including four steel trusses and two reinforced concrete trusses. It is providing outstanding views of the river and downtown skyline.
Percy Priest Lake

J. Percy Priest Lake is a lake in north central part of Tennessee. The dam is located about 10 miles (16 km) east of downtown Nashville and impounds a lake 42 mile long 14,000 acre Corps of Engineers lake created by the J. Percy Priest Dam, which is located between miles six and seven of the Stones River and completed in 1968. The lake was named in honor of Congressman J. Percy Priest. With its convenient location, a short 15 minute drive from Downtown Nashville, Percy Priest Lake offers a wide range of recreation activities for locals and for those just visiting Music City. Recreational activities at the lake include, boating, camping, fishing, horseback riding, picnicking, wildlife watching, swimming, sailing, wakeboarding, jet skiing, water skiing, hiking and biking.