2017 FMLA MASTER CLASS: Texas
_Advanced Skills for Employee Leave Management_
Morning 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 HR’s biggest management
headaches.
To help you MASTER YOUR OBLIGATIONS AND AVOID COSTLY PENALTIES, the
publisher of _Texas Employment Law Letter_ has crafted a
cost-effective and engaging solution: 2017 FMLA MASTER CLASS: Texas -
_Advanced __SKILLS FOR EMPLOYEE LEAVE MANAGEMENT. _This intensive
day-long workshop provides the comprehensive knowledge you need to
master real-life issues. An experienced Texas attorney will provide
substantive instruction on FMLA compliance in light of new and
existing regulations, court rulings, and application of this
far-reaching law. You’ll 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.
You’ll 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 doesn’t constitute it
* The latest FMLA revisions, so you don’t 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 AGENDA
REGISTRATION
7:30 a.m.–8:30 a.m.
PART I: MASTERING FMLA FUNDAMENTALS
FMLA ELIGIBILITY: GRANTING FMLA LEAVE WHEN IT’S DUE AND GETTING IT
RIGHT UNDER THE RULES
8:30 a.m.–9:00 a.m.
Employers often neglect to take the critical first step in
administering FMLA leave—determining employee eligibility. Taking
defined, consistent steps in determining employee eligibility in the
first place helps employers not only properly deny leave when workers
don’t qualify, but also grant leave for a period that is reasonable
and necessary. Additionally, eligibility for leave to care for covered
family members has changed in recent years as the definition of family
member has been altered by FMLA regulations, court decisions, and
changes in the family structure. In this opening session, we’ll
explain these developments and how to adjust your policies and
practices to ensure compliance with the changing regulatory, legal,
and practical landscape. You’ll learn:
* How to determine FMLA eligibility quickly and easily
* How the FMLA rules and related court decisions define who
qualifies as a covered spouse
* How to coordinate leave for workers caring for adult children
* The rules related to determining in loco parentis status
* How to coordinate state and federal leave when covered family
members differ
MANAGING SERIOUS HEALTH CONDITIONS AND MEDICAL CERTIFICATIONS
9:00 a.m.–9:45 a.m.
At the heart of many FMLA leave requests is the serious health
condition. The FMLA regulations do offer guidance and allow you to
require medical certification, yet there are a multitude of possible
reasons for needing FMLA leave. Assessing the information requires
keen judgment, and this session will show you how to make these
crucial calls. You’ll learn about:
* Illnesses and injuries that may be serious health conditions, even
though the regulations say they generally aren’t
* How many health conditions it takes to be “serious”
* How often your employee needs to see a healthcare provider
* What to do if a medical certification is incomplete or unclear
* Your options if an employee or doctor doesn’t cooperate with
obtaining the required certifications
* When you may require employees to provide recertification of a
serious health condition
NETWORKING BREAK
9:45 a.m.–10:00 a.m.
MEETING FMLA DEADLINES: NOTIFICATION, CURBING ABUSE, AND PREVENTING
CLAIMS
10:00 a.m.–10:45 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
rules—and learning how to monitor other key areas of FMLA
usage—can help you prevent abuse of FMLA entitlements and fend off
litigation. This session covers:
* How to give the four kinds of FMLA notices—on time and on
point
* What to do if an employee refuses FMLA designation
* Selecting the best type of FMLA leave year for your organization
* Counting holidays that fall during leave
* Rules regarding “making up” FMLA leave
* Handling suspected FMLA abuse without running afoul of the law
* How to legally discharge employees who are on or just returned
from FMLA leave
MASTERING THE TOUGH FMLA ISSUES
10:45 a.m.–11:30 a.m.
It’s one thing to grasp individual FMLA rules, but another thing
entirely to put those pieces together in the real world. For example,
intermittent leave seems pretty straightforward on paper, but how
employers really manage it is another story. How is intermittent leave
certified and calculated? What about temporary light-duty positions
and fluctuating work schedules? Reinstatement after leave? And
finally, how do you handle a FMLA investigation by DOL. This session
will help you learn:
* How to manage intermittent and reduced schedule leave
* How to handle leave duration
* How to calculate leave for fluctuating work schedules
* The rules regarding substitution of various different types of
paid leave for FMLA leave
* When employees have job reinstatement rights and when they do
not
* Compliance in joint employment cases
* Tips on how to effectively manage a FMLA investigation by the
DOL
ALL TOGETHER NOW: COORDINATING FMLA WITH ADA, WORKERS’ COMP, AND
STATE FAMILY LEAVE LAWS
11:30 a.m.–12:15 p.m.
FMLA seems pretty comprehensive, but it’s 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 obligations—and how their
requirements work in tandem with FMLA. In this session we’ll
cover:
* Why FMLA serious health conditions are more likely to qualify as
disabilities under the ADAAA
* When you should offer leave as a reasonable accommodation under
the ADA, including a discussion of recent ADA leave cases and agency
guidance
* How to offer accommodations other than leave without violating the
FMLA
* When you can require employees to take FMLA leave concurrently
with workers’ comp leave
* The latest developments in state leave laws, including paid sick
leave, family leave, and other trends.
NETWORKING POWER LUNCH (INCLUDED WITH YOUR REGISTRATION)
12:15 p.m.–1:15 p.m.
PART II: INTENSIVE WORKSHOP ADDRESSING THE REAL-LIFE APPLICATION OF
FMLA RULES, DOL REGULATIONS, AND COURT RULINGS
1:15 p.m.–4:00 p.m. (Break from 2:30 p.m. to 2:45 p.m.)
During this highly interactive portion of the program, your Master
Class leader will walk you through a series of scenarios to solve the
real-life FMLA issues that stump even the most seasoned HR
practitioners. You’ll cover different leave management and
decision-making challenges with your trainer and fellow attendees to
determine the correct course of action, based on the facts and your
knowledge of fundamental FMLA compliance principles.
Recent court rulings, long-standing case law precedent, DOL
interpretations, opinion letters, and regulations—as well as the
trainer's own experiences in advising clients — are interwoven into
this engaging afternoon workshop with the goal of providing you with
actionable insights into the tricky FMLA hurdles that come up in daily
work life.
You’ll dive deep into:
1. ADDRESSING ISSUES WITH MEDICAL CERTIFICATIONS AND WHAT TO DO
WHEN:
* Certification submitted by employee is not sufficient
* Employee does not return the certification
* Employee refuses to update the certification if need for leave
changes
* Employee does not submit fitness-for-duty certification at end of
leave
2. INTERMITTENT LEAVE
* Certification of need for intermittent leave
* Specific information on when leave is needed, expected frequency
and duration
* What to do if an employee uses more leave than expected
* Abuse of intermittent leave (Mondays and Fridays, before and after
holidays)
3. REDUCED SCHEDULE LEAVE
* Certification and specific information on reduced hours, expected
duration
* Updating certification
* Tracking leave time
4. FMLA DURING THE HOLIDAYS AND SHUTDOWNS
* How to “count FMLA leave during holidays
* Administering FMLA leave during extended plant or office
shutdowns
* Determining 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 taken
* Addressing performance issues that arise during intermittent or
reduced schedule leave
* Addressing performance issues discovered while an employee is on
leave
* Reductions in force while employee is on FMLA leave
6. RETURN TO WORK—WHAT TO DO IF AN EMPLOYEE IS:
* Not able to return to work at end of leave (ADA considerations)
* Cleared to return to work with restrictions
* Temporarily unable to perform essential functions
* Unable to perform essential functions in the long-term
FINAL QUESTIONS AND CLOSING
4:00 - 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 attorney before we wrap up.
-------------------------
YOUR AUSTIN FACULTY WITH THE LAW FIRM OF CONSTANGY, BROOKS, SMITH &
PROPHETE, LLP
WILLIAM E. HAMMEL
Partner
William "Billy" Hammel is a partner in the Dallas office of Constangy.
Billy's practice includes counseling and representing employers in the
areas of employment law, labor relations, compensation and benefits,
workplace safety, corporate governance, officer and director
liability, preventative counseling, liability and risk management, and
best practices. He regularly represents employers in a wide variety of
labor and employment law matters before administrative agencies and in
state and federal courts. Billy's practice also includes drafting and
litigating employment agreements and restrictive covenants, trade
secret agreements, independent contractor agreements, vendor
agreements, and corporate agreements. Billy's primary focus is on
helping clients avoid litigation in the first place through
preventative counseling, compliance counseling and training, internal
audits, investigations, and damage control.
JOHN E. DUKE
Senior Counsel
John advises and represents regional, national, and international
employers across the spectrum of industries in the full panoply of
labor and employment matters. In addition to advising employers on
such union-related concerns as organizing campaigns, collective
bargaining, and strikes, John also defends employers in representation
and unfair labor practice cases before the National Labor Relations
Board, handles labor issues in the federal courts, and has tried
dozens of labor arbitrations. He also represents employers before
federal and state trial and appellate courts in single plaintiff,
complex class/collective action employment litigation, and non-compete
litigation.
Please contact the event manager Marilyn below for the following:
- Discounts for registering 5 or more participants.
- If you company requires a price quotation.
Event Manager Contact: marilyn.b.turner(at)nyeventslist.com
You can also contact us if you require a visa invitation letter, after
ticket purchase.
We can also provide a certificate of completion for this event if
required.
NO REFUNDS OR TRANSFER ALLOWED ON REGISTRATIONS
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30/03/2017 Last update