Many events are available as webinars. Browse all webinars or use 'WB' in the city/state search.
ADA and FMLA Compliance Update
This program brings together a panel representing the government and management to discuss every major aspect of developing ADA and FMLA law. Day one is focused on the ADA, including sessions on individual with a disability, qualified, direct threat and EEOC enforcement positions. Day Two is focused on the FMLA including employer and employee coverage issues, notice requirements and Department of Labor enforcement positions. Keywords: human resource, human resources. Fee per person: $1045.
National Employment Law Institute
> Diversity & EEO
Who Should Attend?
Anyone responsible for ADA or FMLA compliance
7:45 Program Check-In & Continental Breakfast
8:30 Trends in the Law: The ADA After 22 Years
- Trends in disability law 22 years after the passage of the ADA, and three years after the effective date of the ADA Amendments Act (ADAAA)
9:00 Updates on Definition of “Disability”
- Discussion of the latest developments under the ADA Amendments Act and the EEOC’s regulatory changes to the definition of “disability,” including practical training tips for supervisors to avoid “regarding” an individual as disabled
- Changes and continuing ambiguities concerning the meaning of “substantially limits,” including seriousness and duration issues
There will be a 15 minute break at 10:15 a.m.
11:00 Developments on Whether an Individual is “Qualified”
- Latest court decisions on “qualification standard” issues, such as physical standards and commercial drivers’ license requirements, as well as decisions on “essential functions,” including attendance, shifts and overtime, and the importance of accurate job descriptions
- Important evidence concerning whether an individual is “qualified,” including performance evaluations, doctors’ notes, and statements in another forum
12:00 Luncheon (Hosted by NELI)
1:00 Practical “Reasonable Accommodation” Issues
- Latest developments on the emerging definition of “reasonable,” as well as cases on what sparks the accommodation interactive process, what employers should say in response to employee requests, when employers should be “pro-active,” and how to document the interactive process
- Discussion of the latest cases on leave (including repeated leave extensions), schedule modifications, reassignment, rescission of discipline, work-at-home, shift changes, and irritant-free workplace requests
There will be a 15 minute break at 2:45 p.m.
3:45 Direct Threat and Enforcing Conduct Rules
- Update on direct threat issues, including practical considerations when an employee appears to present a safety risk
- Analysis of particular rules, such as policies on drugs, alcohol, violence, safety, co-worker courtesy, and tardiness
- Whether discipline must be rescinded if an employee breaks a conduct rule because of a disability
4:30 GINA Issues
- Discussion of current issues under the Genetic Information Nondiscrimination Act, including current implementation of the EEOC’s 2010 Final Regulations
7:30 Program Check-In & Continental Breakfast
8:00 Requesting Medical Information Under the ADA
- Recent cases concerning the ADA’s restrictions on medical questions and exams, and discussion of EEOC’s formal and informal policies on questions and exams of employees
- Emerging developments concerning voluntary wellness programs under GINA and the ADA, fitness-for-duty exams, permissible questions when an applicant or employee requests reasonable accommodation, and confidentiality issues, including whether the ADA’s confidentiality restrictions apply to voluntarily-disclosed information, whether employers should post notices of employee injuries/illnesses, and whether email can be used to notify co-workers of an employee's medical condition
8:45 FMLA Update
- Practical guidance in light of recent case law developments, including managing the medical cert-ification process, the application of GINA’s safe harbor language to FMLA documentation, analyzing when a position is truly equivalent, avoiding equitable estoppel claims through clear communication, the importance of incapacity in analyzing serious health conditions, the risks of eliminating the job of an employee on FMLA leave, and what employer conduct often defeats summary judgment
- Discussion of the most frequently occurring overlap issues, including whether every serious health condition is now a disability, whether more adult children will be eligible family members, disciplining an employee for unplanned absenses, differing job protection obligations, mandatory overtime, return to work on light duty, and enforcing an employee’s duty to cooperate in providing information to support a leave
- Practical tips for FMLA administration to curb intermittent leave abuse
There will be a 15 minute break at 10:15 a.m.
12:00 ADA/FMLA Case Study
- Interactive session analyzing a factual scenario likely to arise in the workplace, including practical strategies for managing the employee while on medical leave
NELI is a non-profit educational organization headquartered in Denver, CO with offices in Washington D.C.
The Institute conducts seminars, briefings, conferences and other training programs, publishes, and provides related services (In house Training, Counseling, Consulting, Investigations, HR and Glass Ceiling Audits, and Expert Witness Testimony) which meet the needs of the legal and other publicity and privately formed organizations.
The Institute's activities pertain exclusively to employment law compliance , the application of the law to human resource practices, and practice and produce before administrative bodies and in state and federal courts.
NELI works closely with its National Advisory Board composed of distinguished practitioners who play an active role in planning our activities and providing our services.
This seminar is offered as an on-demand webinar. To quickly return to this seminar later, you can search by its QuickCode: