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How to Navigate and Manage Employee Leave Issues under the FMLA, ADA and Workers’ Comp. Laws? – HRCI Certified 2 Day Event

GRC Advisory Online

Monday, March 26, 2018 at 8:30 AM - Tuesday, March 27, 2018 at 4:30 PM (PDT)

How to Navigate and Manage Employee Leave Issues under...

Ticket Information

Ticket Type Sales End Price Fee Quantity
Single Attendee - Early Bird Pricing Ended $950.00 $0.00
Single Attendee Mar 26, 2018 $1,149.00 $0.00
Single Attendee: Including Round Trip Flight Tickets Mar 26, 2018 $1,449.00 $0.00
Single Attendee: Including 2 Night Stay At The Venue Mar 26, 2018 $1,649.00 $0.00
Single Attendee: All Inclusive Pricing - Including Round Trip Flight Tickets & 2 Night Stay At The Venue Mar 26, 2018 $2,149.00 $0.00
Discounted Group Pricing – For 3 Attendees – Registration Only Mar 26, 2018 $2,449.00 $0.00
Discounted Group Pricing – For 5 Attendees – Registration Only Mar 26, 2018 $3,149.00 $0.00

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Event Details

Course Description:

 

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.

 

Who Will Benefit:

 

Human Resources practitioners at all levels, ranging from an H.R. Specialist or Generalist to an H.R. Manager/Director or V.P. of H.R. should certainly attend.

But front-line, senior managers, officers and CFO’s should also attend. Why? They are often the ones who first get the request for time off or extended time off, and how they handle those requests can often determine whether the company will be liable for leave interference, leave retaliation or discrimination.

 

Detailed Agenda & Areas Covered In The Session:


Day 01 (8:30 AM - 4:30 PM)

08:00 AM - 09:00 AM – Breakfast And Meet & Greet

09:00 AM - 09:30 AM - Introduction / Overview: Employee Leave And Applicable Laws- Brief Description And Overview

  • FMLA and Military Family Leave
  • ADA/ADAAA
  • Worker’s 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 – Morning Break

10:45 AM – 12:00 PM - 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 Break

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 - 03:00 PM – Afternoon Break

03:00 PM - 04:15 PM

  • Defences: (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

                                                                                                                    

04:15 PM - 04:30 PM – Q/A Session

 

Day 02 (8:30 AM - 4:30 PM)

08:00 AM - 09:00 AM – Breakfast

09:00 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?

10:30 AM – 10:45 AM – Morning Break

10:45 AM - 12:00 PM

  • Attendance, call-in, notification, lateness policies and procedures
  • 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 – 1:00 PM - Lunch Break

01:00 PM – 2:30 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” Defence
  • Fraud
  • Undue Hardship

02:30 PM – 02:45 PM - Afternoon 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

Instructor Profile:

Janette Levey Frisch is an attorney with over 20 years’ of legal experience. Ms. Frisch, owner of The Emplawyerologist Firm, is on a mission: to help employers stay in compliance and out of court. Her extensive areas of expertise include federal and state anti-discrimination laws, FMLA, ADA, wage and hour issues, I-9’s, criminal background checks, employment agreements, terminations, and a myriad other challenges impacting employers today. Ms. Frisch worked as in-house counsel in the temporary staffing industry for almost nine years prior to starting her own practice.

Terms & Conditions

Your Registration for the seminar is subject to the following terms and conditions. In case of any clarification please call us at Toll Free: +1- 877 462 6021 or email us at customercare@grcadvisoryonline.com

Cancellations & Substitutions

Written cancellations through email (from the person who has registered for this conference) received at least 10 calendar days prior to the start date of the event will receive a refund — less a $300 administration fee. 

No cancellations will be accepted — nor refunds issued — within 10 calendar days from the start date of the event. On request by email (before the seminar) a credit for the amount paid minus administration fees ($300) will be transferred to any future GRCAdvisoryOnline event and a credit note will be issued. Substitutions may be made at any time. 

No-shows will be charged the full amount. We discourage onsite registrations, however if you wish to register onsite payment to happen through credit card immediately or check to be submitted onsite. 

Conference material will be given on the spot if it is available after distributing to other attendees. In case it is not available we will send the material after the conference is over. In the event GRCAdvisoryonline cancels the seminar, GRCAdvisoryonline is not responsible for any airfare, hotel, other costs or losses incurred by registrants. However if there is a cancellation by GRCAdvisoryOnline then the entire amount will be refunded. Some topics and speakers may be subject to change without notice.

 

Have questions about How to Navigate and Manage Employee Leave Issues under the FMLA, ADA and Workers’ Comp. Laws? – HRCI Certified 2 Day Event? Contact GRC Advisory Online

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When & Where


DoubleTree by Hilton San Francisco Airport
835 Airport Blvd.,
Burlingame
San Francisco, California 94010-9949

Monday, March 26, 2018 at 8:30 AM - Tuesday, March 27, 2018 at 4:30 PM (PDT)


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How to Navigate and Manage Employee Leave Issues under the FMLA, ADA and Workers’ Comp. Laws? – HRCI Certified 2 Day Event
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