2018 FMLA Master Class: Virginia Advanced Skills for Employee Leave Management (blr)
Job Fair Bot
Mar 15, 2018
2018 FMLA Master Class: VirginiaAdvanced Skills for Employee Leave Management
On-Site Seminar:Richmond, Virginia | Thursday, March 22, 2018Morning 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 HRs biggest management headaches.
To help you master your obligations and avoid costly penalties, the publisher of Virginia Employment Law Letter has crafted a cost-effective and engaging solution: 2018 FMLA Master Class: Virginia - Advanced Skills for Employee Leave Management. This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. An experienced Virginia attorney will provide substantive instruction on FMLA compliance in light of new and existing regulations, court rulings, and application of this far-reaching law. Youll 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.
Youll 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 doesnt constitute it The latest FMLA revisions, so you dont 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!
"When an employer routinely disregards the FMLA rights of its workers, whole families can be harmed. We will continue to use all enforcement tools at our disposal to uphold FMLA protections for workers and make sure that all employers operate in compliance with the law."
Wayne Kotowski, Wage & Hour Division, U.S. Department of Justice
Master Class AgendaRegistration 7:30 a.m.8:30 a.m.
Part IMastering FMLA Fundamentals
FMLA Eligibility: Granting Leave When Its Due and Getting It Right 8:30 a.m.9:00 a.m.Could you be missing critical first steps in managing FMLA leavedetermining employee eligibility? A defined, consistent process helps you not only deny leave when employees dont qualify, youll grant leave for a period that is reasonable and necessary when they do. In this opening session, gain new insights on eligibility determinations and recent trends and developments affecting leave. Youll be armed to adjust policies and practices in 2018 to ensure compliance with the changing regulatory, legal, and practical landscape. Youll learn:
How to determine FMLA eligibility quickly and easilyHow the FMLA rules and related court decisions define who qualifies as a covered family memberHow to coordinate leave for workers caring for adult childrenRules related to determining in loco parentis statusHow to coordinate state and federal leave when definitions of covered family member differ
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. The regulations do offer some guidance and allow you to require medical certification, yet there are a multitude of reasons for needing time off. Assessing those reasons requires keen judgment, and this session will show you how to make the right call. Youll learn about:
Illnesses and injuries that may be serious health conditions -- even though the regulations say they generally arentHow many health conditions it takes to be seriousWhat to do if a medical certification is incomplete or unclearYour options if an employee or doctor doesnt cooperate with obtaining the required certificationsWhen you may require employees to provide recertification of a serious health conditionThe dos and donts of return-to-work certifications
Break 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 rulesand learning how to monitor other key areas of FMLA usagecan help you prevent abuse of FMLA entitlements and fend off litigation. This session covers:
How to give the four kinds of FMLA noticeson time and on pointWhat to do if an employee refuses FMLA designationSelecting the best type of FMLA leave year for your organizationCounting holidays that fall during leaveRules regarding making up FMLA leaveHandling suspected FMLA abuse without running afoul of the lawHow to manage employee leave without risking claims of interferenceHow 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.Its one thing to understand FMLA rules, but another thing entirely to apply them in the real world. For example, intermittent leave seems pretty straightforward, but what about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? How do you handle an investigation by DOL? This session will show you:
How to manage intermittent and reduced schedule leaveHow to handle leave durationHow to calculate leave for fluctuating work schedulesRules on substitution of various types of paid leave for FMLA leaveWhen employees have job reinstatement rights and when they do notTips 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 its 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 obligationsand how their requirements work in tandem with FMLA. In this session well cover:
How FMLA and ADA interactWhy FMLA serious health conditions are more likely to qualify as disabilities under the ADAAAWhen you should offer leave as a reasonable accommodation under the ADA, including a discussion of ADA leave cases and agency guidanceHow to offer accommodations other than leave without violating FMLAWhen you can require employees to take FMLA leave concurrently with workers comp leaveRecent developments in state leave laws, including paid sick leave, family leave, pregnancy accommodation, and other trends
Break2:30 p.m. 2:45 p.m.
Part IIIntensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings
Applying Your Knowledge2:45 p.m.4:00 p.m. In this highly interactive portion of the FMLA Master Class, your faculty of labor and employment attorneys will walk you through a series of scenarios illustrating real-life FMLA issues that stump even the most seasoned of HR practitioners. Youll discuss case-studies with the lawyers and fellow attendees to determine the correct course of action, based on the facts and FMLA compliance principles.
Recent court rulings, long-standing precedent, DOL interpretations, opinion letters, and regulationsas well as the trainers own experiences in advising clientsare interwoven into this engaging afternoon workshop to provide actionable guidance on tricky FMLA challenges facing HR and employers in 2018. Well dive deep into:
1. Medical certifications and what to do when:
Certification submitted by employee is not sufficientEmployee does not return the certificationEmployee refuses to update the certification if need for leave changesEmployee does not submit fitness-for-duty certification at end of leave
2. Intermittent leave
Certification of need for intermittent leaveSpecific information on when leave is needed, expected frequency and durationWhat to do if an employee uses more leave than expectedAbuse of intermittent leave (Mondays and Fridays, before and after holidays)
3. Reduced schedule leave
Certification and specific information on reduced hours, expected durationUpdating certificationTracking leave time
4. FMLA during holidays and shutdowns
How to count FMLA leave during holidaysAdministering FMLA leave during extended plant or office shutdownsDetermining 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 takenAddressing performance issues that arise during intermittent or reduced schedule leaveAddressing performance issues discovered while an employee is on leaveReductions in force while employee is on FMLA leave
6. Return to workwhat to do if an employee is:
Not able to return to work at end of leave (ADA considerations)Cleared to return to work with restrictionsTemporarily unable to perform essential functionsUnable to perform essential functions in the long-term
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 Richmond, Virginia Faculty with the law firm of OHagan Meyer
Joan C. McKennaPartnerO'Hagan Meyer
Ms. McKennas practice includes the representation of employers in a variety of employment lawsuits, including suits under Title VII, the ADEA, the ADA and state fair employment laws. She also represents employers in administrative proceedings and advises employers regarding compliance with various employment-related state and federal laws, including the FLSA, COBRA, the FMLA and state wage payment laws. She speaks regularly to employers on various topics in employment law and has served as a contributing editor to theVirginia Employment Law Letter.
Ms. McKenna also defends companies in tort actions including premises liability, personal injury and defective products cases, and against claims of intentional torts such as defamation and assault and battery. She has represented national restaurant chains, national bakeries, and machinery manufacturers in successfully defending such claims. In addition, she regularly represents professionals against professional liability claims.
Michael E. BarnsbackAttorneyOHagan Meyer
Mr. Barnsback counsels and represents Virginia employers in all aspects of employment law. He has frequently lectured on and assisted employers with disability accommodation and leave issues under the ADA and FMLA. He is experienced defending employers in Department of Labor wage/hour audits and FLSA individual and collective action overtime cases. He also has significant background representing employers before the EEOC and state/local administrative agencies. He has over twenty years of courtroom experience litigating employment related cases.
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Mar 22, 2018
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