2-Days In-Person Seminar

How to Navigate and Manage Employee Leave Issues under the FMLA, ADA and Workers' Comp Laws

Janette Levey Frisch
Los Angeles,CA
Feb 12 - Feb 13 , 2018

Starting at

$1699

Premier pro price: $1614 (save 5%)

Feb 12 - Feb 13 , 2018
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Even the most seasoned H.R. practitioners and leave administrators can get tripped up by employee leave issues. First there’s 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 for 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.
DAY 01(8:30 AM - 4:30 PM)
  • Registration Process - (8:30 AM till 9:00 AM)
  • Session will begin by – (9:00 AM)
  • 09:00 AM – 09:30 AM
    • Intro/Overview: Employee Leave and applicable laws- brief description and overview
      • FMLA and Military Family Leave
      • ADA/ADAAA
      • Workers’ Comp.
      • USERRA
  • 09:30 AM – 10:30 AM
    • FMLA Basics
      • 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)
      • Notification Issues
        • Eligibility, Designation, and Rights & Responsibilities Notices;
        • Company policies, Employee Handbook provisions
        • Certifications, Re-certifications;
          • 2nd and 3rd Opinions;
  • 10:30 AM - 10:45 AM Break
  • 10:45 AM – Noon
    • Health Care Providers, Tracking, and Method for Taking FMLA
      • 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)
    • 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)
    • Retaliation/Interference/Discrimination
  • 12:00 PM - 01:00 PM Lunch
  • 01:00 PM – 02:30 PM
    • ADA/ADAAA/Workers’ Comp/Section 503
      • Overview/brief description/history, compliance obligations
      • Definitions:
        • “Disability”, “Impairment”
        • “Substantial Limitation”
        • “Major Life Activity”
        • Physical Impairment/Mental Impairment
        • Mitigating Measures
        • “Regarded as” disabled
        • Qualified Individual, Essential Job Functions
        • Reasonable Accommodation
      • What is NOT covered under the ADA/ADAAA?
  • 02:30 PM - 02:45 PM Break
  • 02:45 PM – 04:00 PM
    • Defenses: (undue hardship, direct threat)
    • Specific conditions (HIV/AIDS, alcoholism v drug users)
    • 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
    • Section 503 of the Rehabilitation Act
    • Leave under Workers’ Comp
    • Don’t Forget State/Local Laws
DAY 02(8:30 AM - 4:00 PM)
  • 09:30 AM – 10:30 AM
    • Leave Management/Administration/Abuse Prevention
      • 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
  • 10:30 AM - 10:45 AM Break
  • 10:45 AM - 12:00 PM
    • Certifications and re-certifications
    • Forms, templates, documentation, recordkeeping
    • Designating a go-to person and chain of command
    • Using the Interactive Process to Help Manage ADA Leave
      • Determining Whether Leave is an Undue Hardship
      • Offering Alternative Accommodations
    • Monitoring Leave, Tracking Dates
    • Extension Requests and/or Return to Work Issues
  • 12:00 PM – 01:00 PM Lunch
  • 01:00 PM – 02:30 PM
    • Investigation
      • Factors to Consider before investigating
      • Looking for patterns
      • Using social Media
      • Using surveillance
      • Interviews
      • Re-certifications
      • Contacting Health Care providers
      • Confidentiality
    • The Decision
      • FMLA and the “Honest Belief” Defense
      • Fraud
      • Undue Hardship
  • 02:30 PM – 02:45 PM Break
  • 02:45 PM – 04:30 PM
    • Other Issues:
      • 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 (Price/Register)
Feb 12 - Feb 13 , 2018 (2 Days) Los Angeles,CA

Single Attendee

Premier pro price: $1614 (save 5%)

Special Group Discount Register for Six attendees

Premier pro price: $6554 (save 5%)

Seminar Fee Includes:
Lunch
AM-PM Tea/Coffee
Seminar Material
Attendance Certificate
$100 Gift Cert for next seminar

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Speaker: Janette Levey Frisch,

Janette Levey Frisch, Founder of The EmpLAWyerologist Firm, is an Employment/HR attorney with over 20 years’ legal experience. Janette is the Legal Wellness Professional for your employment practices and workforce challenges. Janette works with employers like you to craft solid Employment Practices Wellness Plans tailored to address your company’s needs and concerns. Do you wish you could engage an employment law/HR expert—an “outsourced in-house counsel”-,- to solve small problems before they get big, before they escalate to a lawsuit or government audit, or maybe even avoid them altogether? Does that sound too good to be true? It isn't. That is what Janette Levey Frisch, and Employment/HR Attorney and Founder of The EmpLAWyerologist Firm does. Janette is available for consultations, and legal services on virtually all federal and NJ and NY state employment law issues. Janette is also available for training and public speaking engagements. Arrange for your complimentary consultation of up to 30 minutes by calling Janette at 732 -902-0728 or emailing her at theemplawyerologist@gmail.com.


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