2019 FMLA Master Class: Oregon Advanced Skills for Employee Leave Mgt (blr)

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Embassy Suites by Hilton Portland Downtown

319 Southwest Pine Street

Portland, OR 97204

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2019 FMLA Master Class: Oregon Advanced Skills for Employee Leave Management

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On-Site Seminar:

Portland, Oregon | Thursday, December 05, 2019

Morning Focus: Master FMLA Essentials to Make Sure Your Knowledge Foundation is Up to Date

Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application

Lunch is included with your registration!

Think employee leave management is a one-time policy issue? Be careful! New and confusing regulations, conflicting court decisions, and increasing employee abuse of FMLA protections means family and medical leave will remain one of HR’s biggest management headaches.

To help you master your obligations and avoid costly penalties, the publisher of the Oregon Employment Law Letter has crafted a cost-effective and engaging solution: 2019 FMLA Master Class: Oregon - Advanced Skills for Employee Leave Management. This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. An experienced Oregon attorney will provide substantive instruction on FMLA compliance in light of new and existing regulations, court rulings, and application of this far-reaching law. You’ll engage with your instructor and your peers, solving challenges you face day in and day out concerning intermittent leave, return to work, employee performance, and much more.

This event teaches employee leave management essentials while instilling the confidence you need to make the right coverage calls, control abuse and fraud, answer the toughest questions from employees and your executive colleagues, and avoid the expensive missteps that have devastated other employers.

You’ll enhance your advanced-practitioner skill set when you attend this satisfaction-guaranteed event and learn:

How to judge a serious health condition the way judges do, and eliminate disputes about what does and doesn’t constitute it

The latest FMLA revisions, so you don’t risk noncompliance

What recent FMLA court decisions really mean, so you can adjust your policies accordingly

Where FMLA recordkeeping trips up even the savviest human resource managers, and some solutions to avoid similar mistakes

How to tame the intermittent leave and reduced schedule beasts, and put a stop to abuse and fraud

How FMLA, ADA, and workers’ comp laws overlap, so you can avoid violations

And more!

Master Class Agenda


7:30 a.m.–8:30 a.m.

Part I—Mastering FMLA Fundamentals

FMLA Eligibility: FMLA Eligibility: Granting FMLA Leave When It’s Due and Getting It Right under the Rules

8:30 a.m.–9:00 a.m.

In their efforts to promptly assess, approve, and designate employee leave requests, employers sometimes overlook—or shortchange—the critical first step in administering FMLA leave—establishing employee eligibility. Ensuring that employees are eligible to take requested leave in the first place sets the foundation for a fair and consistently applied leave program. This topic will also set the foundation for our program, as we’ll use this introductory session to briefly assess your current knowledge of FMLA fundamentals. We’ll also highlight recent trends and developments affecting leave and discuss how to proactively adjust your policies and practices to ensure compliance with the ever-changing regulatory, legal, and practical landscape. You’ll learn:

A quick overview of FMLA basic requirements

How to determine FMLA eligibility quickly and easily

How the FMLA rules and related court decisions affect key definitions, such as who qualifies as a covered family member

How to coordinate state and federal leave when covered family members differ

Recent trends and developments affecting leave

Managing Serious Health Conditions and Medical Certifications

9:00 a.m.–10:00 a.m.

At the heart of many FMLA leave requests is the serious health condition. Whether the condition is the employee’s own, or that of a covered family member, often employers will need additional guidance to assess whether a condition qualifies for FMLA leave. While the regulations do provide some assistance, the medical certification is a critical resource for employers, here. Understanding your rights to request certification—and to delay or deny leave when certification is incomplete or insufficient—is an empowering tool in your leave toolbox.

We’ll also discuss the process of requesting recertification in compliance with FMLA requirements, as well as the steps you must take if you wish to require a medical release for return to work (a.k.a. fitness for duty certification).

You’ll learn:

Tips and guidance for “grey area” conditions, including multiple concurrent conditions

What to do when a medical certification is incomplete or unclear

Your options when an employee or doctor doesn’t cooperate with obtaining the required certifications

When you may require employees to provide recertification of a serious health condition

The “do’s and don’ts” of return-to-work certifications


10:00 a.m.–10:15 a.m.

Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing Claims

10:15 a.m.–11:00 a.m.

FMLA is ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and for determining how much leave employees have remaining in a given year. A good grasp of timing rules—and learning how to monitor other key areas of FMLA usage—can help you prevent abuse of FMLA entitlements and fend off litigation. This session covers:

How to give the four kinds of FMLA notices

What to do if an employee refuses FMLA designation

Selecting the best FMLA leave year for your organization

Counting holidays that fall during leave

Rules regarding “making up” FMLA leave

Handling suspected FMLA abuse without running afoul of the law

How to manage employee leave without risking claims of interference

How to legally discharge employees who are on or just returned from FMLA leave

Mastering Tough FMLA Issues

11:00 a.m.–12:15 p.m.

It’s one thing to grasp individual FMLA rules, but another thing entirely to put those pieces together in the real world. For example, intermittent leave seems pretty straightforward on paper, but how employers really manage it is another story. What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an FMLA investigation by the DOL? This session will help you learn:

How to manage intermittent and reduced schedule leave

How to handle leave duration

How to calculate leave for fluctuating work schedules

The rules regarding substitution of various types of paid leave for FMLA leave

When employees have job reinstatement rights and when they do not

Tips on how to effectively manage an FMLA investigation by the DOL

Networking Power Lunch (included with your registration)

12:15 p.m.–1:15 p.m.

All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws

1:15 p.m.–2:30 p.m.

FMLA seems pretty comprehensive, but it’s not the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. You need to know when other laws create different obligations—and how their requirements work in tandem with FMLA. In this session we’ll cover:

How the FMLA and ADA interact

When you should offer leave as a reasonable accommodation under the ADA, including a discussion of ADA leave cases and agency guidance

How to offer accommodations other than leave without violating the FMLA

When you can require employees to take FMLA leave concurrently with workers’ comp leave

Recent developments in state leave laws, including paid sick leave, family leave, pregnancy accommodation, and other trends


2:30 p.m.– 2:45 p.m.

Part II—Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings

Applying Your Knowledge

2:45 p.m.–4:00 p.m.

During this highly interactive portion of the FMLA Master Class, our esteemed faculty of labor and employment attorneys will walk you through a series of scenarios demonstrating the real-life FMLA issues that stump even the most seasoned of HR practitioners. You’ll have the opportunity to discuss issues with your trainers and fellow attendees to determine the correct course of action to take, based on the facts presented and your knowledge of fundamental FMLA compliance principles.

Recent court rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop with the goal of providing you with actionable insights into the tricky FMLA issues that come up in daily work life. You’ll dive deep into:

1. Addressing issues with medical certifications and what to do when:

Certification submitted by employee is not sufficient

Employee does not return the certification

Employee refuses to update the certification if need for leave changes

Employee does not submit fitness-for-duty certification at end of leave

2. Intermittent leave

Certification of need for intermittent leave

Specific information on when leave is needed, expected frequency and duration

What to do if an employee uses more leave than expected

Abuse of intermittent leave (Mondays and Fridays, before and after holidays)

3. Reduced schedule leave

Certification and specific information on reduced hours, expected duration

Updating certification

Tracking leave time

4. FMLA during holidays and shutdowns

How to “count FMLA leave during holidays

Administering FMLA leave during extended plant or office shutdowns

Determining whether an employee on FMLA leave during holidays is entitled to holiday pay

5. Addressing performance issues that arise prior to the request for leave

What to do when an employee requests FMLA leave in the midst of the disciplinary process or just before discipline or termination steps are taken

Addressing performance issues that arise during intermittent or reduced schedule leave

Addressing performance issues discovered while an employee is on leave

Reductions in force while employee is on FMLA leave

6. Return to work—what to do if an employee is:

Not able to return to work at end of leave (ADA considerations)

Cleared to return to work with restrictions

Temporarily unable to perform essential functions

Unable to perform essential functions in the long-term

Part III Final Questions and Closing

Final Questions and Closing

4:00 p.m.–4:30 p.m.

Have lingering questions about points raised during this intensive FMLA workshop or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the attorneys before you wrap up for the day.

Your Oregon Faculty: Attorneys with Perkins Coie

Andrew Moriarty

Andrew Moriarty is a labor and employment litigator and counselor to Fortune 500 companies, regional entities and startups. Drawing on both in-house and outside legal experience, Andrew provides practical, scalable legal advice regarding employment contracts, personnel policies and employee handbooks, discipline and discharge, independent contractor classification, statutory and regulatory compliance, and union matters. He is an efficient, effective litigator of individual discrimination and contract lawsuits, independent contractor and other wage-and-hour class actions and appeals. Andrew’s counsel extends also to employment-related tort claims, including defamation, tortious interference and misappropriation of trade secrets, as well as contract claims involving noncompete, nonsolicitation and other employment and collective bargaining agreements.

"Please contact the event manager Marilyn (marilyn.b.turner@nyeventslist.com ) below for:

- Multiple participant discounts

- Price quotations or visa invitation letters

- Payment by alternate channels (PayPal, check, Western Union, wire transfers etc)

- Event sponsorships


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319 Southwest Pine Street

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