The brochure that is now available is from the 2018 program and is representative of the type of agenda that will be covered in 2019. The 2019 brochure will be available in early January.
In this program unique to NELI, we bring together a distinguished panel, including EEOC representatives, to discuss every major aspect of evolving ADA and FMLA law.
On Day One, we'll cover the latest judicial interpretations of “disability,” including tips for training supervisors to avoid “regarding” an individual as disabled under the newest legal standards. We'll examine new cases on the meaning of “qualified,” including pieces of evidence courts are currently using to determine what is "essential," the importance of up-to-date job descriptions and examining the amount of time spent on the function, whether handling job stress, getting along with co-workers, regular attendance, and lifting are considered “essential,” EEOC’s controversial decisions on attendance, shifts, and overtime, and whether the agency’s positions may change under the Trump Administration's EEOC appointments, the danger of inflated performance evaluations, and the importance of analyzing inconsistent doctors’ notes. In addition, we'll discuss developments on the definition of “reasonable,” what sparks the interactive process, cases on leave, schedule adjustments, modified duty, work-at-home, requests for an irritant-free workplace, a new supervisor, or paid parking, and surprising new cases on non-competitive reassignment.
Day Two starts with a session on the latest developments regarding obtaining medical information and maintaining confidentiality under the ADA. This is followed by the FMLA update, which will provide extensive practical guidance on many issues, including DOL’s enforcement measures and how they might change with the current Administration, along with proposed federal and state family and medical leave legislation. A thorough review of recent court decisions will include cases on the importance of clear and accurate communications, coverage and eligibility issues. We'll cover the requirements of notice by the employee and the employer, such as whether employers must send FMLA notices so that receipt is verifiable, how far employers can go when requiring employees to provide notice of intermittent absences according to specific employer procedures, whether an employer can still designate FMLA-qualifying leave if the employee refuses, the meaning of “equivalent position,” the risks of eliminating the job of an employee on FMLA leave, best practices in managing the medical certification process, the duty to return an employee to work when the employer disagrees with the doctor’s fitness for duty certification, whether any leave is FMLA protected if the certification is turned in late, whether/how an employer can require a medical exam upon return to work from an FMLA leave, and tips for managing intermittent leave abuse including fraudulent use of leave and the good faith, honest belief defense. Day Two will conclude with an interactive ADA/FMLA hypothetical Case Study.
All program participants will receive a copy of our updated 2018 ADA & FMLA Compliance Manual - both in a hard copy and downloadable PDF formats.
This program will provide between 12-14.5 CLE/CEU hours, depending upon the jurisdiction. NELI is an approved provider of HRCI and SHRM for recertification credit.
Early Registration Fee: $945.00 (available until approximately 3 weeks prior to the seminar date, please consult brochure for exact date)
Registration Fee: $995.00