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 Trump Administration’s likely approach to ADA issues, as well as the latest judicial interpretations of “disability,” including cases on pregnancy-related conditions, the newest “major life activities,” fascinating recent decisions on “substantially limits,” and tips for training supervisors to avoid “regarding” an individual as disabled under the new legal standards. We'll examine new cases on the meaning of “qualified,” including the importance of up-to-date job descriptions in determining “essential functions,” and cases on whether duties such as handling stress, attendance, punctuality, and lifting are “essential.” Additionally, developments on the definition of “reasonable,” what sparks the interactive process, cases on leave, schedule adjustments, modified duty, work-at-home, and surprising new cases on non-competitive reassignment will be covered. Day One concludes with discussions of the latest cases on understanding conduct rules and “direct threat” safety standards.
Day Two commences with a session on the latest developments on obtaining medical information under the ADA, followed by the FMLA update providing extensive practical guidance on many issues including important coverage and eligibility issues, DOL’s enforcement measures and how they might change with the new Administration, how much information is required in intermittent absence cases, whether employers can still designate FMLA-qualifying leave if the employee refuses, pitfalls of allowing an employee to work on leave, fraudulent use of leave and the honest belief defense, the meaning of “equivalent position,” and the risks of eliminating the job of an employee on FMLA leave. We'll discuss best practices in managing the medical certification process, including how to handle an employee whose return date is “unknown,” returning an employee to work when the employer disagrees with the doctor’s fitness for duty certification, how to effectively utilize recertifications when there is suspected intermittent leave abuse, and whether/how an employer can require a medical exam upon return to work. Day Two will conclude with an interactive ADA/FMLA Case Study.
All program participants will receive a copy of our updated 2017 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 also a SHRM preferred provider, and is an approved provider of HRCI 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