ADA, FMLA, and Workers’ Compensation: In Depth
The Resort and Conference Center at Hyannis, Hyannis, Cape Cod, Massachusetts
Monday, July 19, 2010
Continuing Education Information
Schedule
Hotel Information
Brochure
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Executive Summary: At this unique preconference, you will be provided with an in-depth learning experience covering the legal topics that all occupational health professionals must deal with on a daily basis. Attendees will participate in frank discussions and problem solving exercises. You will take away practical, valuable advice which you can use immediately. The learning methodology features interactive lectures and hands-on case studies and exercises.
Learning Objectives: At the completion of this seminar you will be able to:
• Understand when and how an employee’s situation is covered by the ADA, the FMLA, and state workers’ compensation statutes,
• Understand the employer’s obligations under the ADA, the FMLA and state workers’ compensation statutes,
• Develop and use an understanding of how those laws interact and impact an employer’s decision-making process when dealing with employees,
• Identify and diagnose ADA, FMLA, and WC issues,
• Work through complex cases including multiple employment-related legal issues, and
• Develop cost-effective, defensive best practices.
Registration Information: The $395 tuition includes a continental breakfast, lunch with faculty, a workshop manual not available elsewhere, and a dynamic learning experience.
Distinguished Faculty:
Adam P. Forman, Esq. is a shareholder in the Boston office of Littler Mendelson. He represents management in discrimination and wrongful discharge litigation, non-competition agreements litigation, traditional labor work and the development of employee relations system. Mr. Forman speaks on matters relating to labor and employment law and has written for a variety of publications, including CCM, The American Lawyer’s Corporate Counsel Magazine, Outside Counsel and the Boston Business Journal. He is a member of the American Bar Association, the Boston Bar Association and the Massachusetts Bar Association. Mr. Forman received his law degree, cum laude, from Georgetown University Law Center in 1987 and his bachelor’s degree, with high distinction, from Pennsylvania State University in 1984 as a member of Phi Beta Kappa. Mr. Forman was admitted to the Pennsylvania Bar (1987); the Massachusetts Bar (1992); the U.S. District Court, Eastern District of Pennsylvania (1987); the U.S. District Court, District of Massachusetts (1992); the U.S. Court of Appeals, Third Circuit (1990) and the U.S. Court of Appeals, First Circuit (1994).
Michael Mankes, Esq. is a shareholder in the Boston office of Littler Mendelson. He advises and defends employers in a broad array of employment and labor law. Mr. Mankes also works closely with employers on litigation prevention measures and legal compliance, including compliance with state and federal leave and disability law, and wage and hour matters. Mr. Mankes is the co-author of the United States chapter of the book EU & International Employment Law. He has also authored publications on a variety of labor and employment subjects, including diversity, employee handbooks, and the legality of employee participation committees. Mr. Mankes received his B.S. degree with honors in Industrial and Labor Relations from Cornell University in 1992 and his J.D. degree from the University of Pennsylvania Law School in 1995. While at the University of Pennsylvania, Mr. Mankes served as comment editor on the University of Pennsylvania Comparative Labor Law Journal, and interned with the National Labor Relations Board.
Continuing Education Credits
Case Managers: 7.0 contact hours of continuing education for Case Managers have been applied for from the Commission for Case Manager Certification, St. Paul Minnesota. Disability Specialists: 7.0 contact hours of continuing education for Disability Specialists have been applied for from the Commission for Disability Management Specialists Commission, Schaumburg, Illinois. Human Resource: This program has been approved for 6.5 recertification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute (HRCI). Nurses: To successfully complete a program and receive contact hours you must: 1) register in, 2) be present for the period of time you are awarded contact hours, 3) complete the evaluation. Occupational Health Nurses: 7.0 60-minute contact hours of continuing education in nursing have been approved by the American Association of Occupational Health Nurses, Inc (AAOHN). AAOHN is an accredited approver of continuing education by the American Nurses Credentialing Center’s Commission on Accreditation. (ANCC is the educational department under the ANA.) Physical Therapists: Continuing Physical Therapy credits vary by state, and will only be applied for if requested in writing on the conference registration form. Physicians: SEAK, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. SEAK, Inc. designates this educational activity for a maximum of 7 AMA PRA Category 1 Credit(s)™. Physicians should only claim credit commensurate with the extent of their participation in the activity. Rehabilitation Counselors: 7.0 contact hours of continuing education hours for Rehabilitation Counselors have been applied for from the Commission on Rehabilitation Counselor Certification, Schaumburg, Illinois. Rehabilitation Nurses: This program will be accepted for 7.0 contact hours of credit for ARN certification. Submit certificate.
SCHEDULE
7:00–8:00 Registration, Continental Breakfast & Exhibits
8:00–8:15 Introduction
Why we need an in depth understanding of these issues: Workplace morale, employee retention, defensive employee relations, management, cost control, and other important considerations. Questions and Answers
8:15–9:30 The FMLA: An overview and hot topics
Attendees will learn about the following issues: eligibility, intermittent leave, designation of leave as FMLA covered, denial of leave, medical certification of leave, and employee notice of health care condition. In addition, FMLA leave will be distinguished from Workers’ Compensation leave, and the relationship between the two will be discussed. Questions and Answers
9:30–10:45 The ADA: An overview of the law
Attendees will learn how to determine if an employee has a disability (Does the employee have an impairment? Does it affect a major life activity? Is the major life activity substantially limited?) and what conditions have been determined not to be disabilities. This session will also include an explanation of the issue of employees being “regarded as” or having a “record of being” disabled. This session will also consist of an explanation of whether an employee with a disability is qualified for the job in question, and how to determine what functions (attendance, mental stability, walking, travel, lifting, staying awake, etc.) of a job are essential. Questions and Answers
10:45–11:00 Break and Networking Opportunity
11:00–12:00 The ADA Continued: Making reasonable accommodations
What is reasonable? How much can a “reasonable” accommodation cost? Is an employer required to place employees on leave or on part-time schedules as part of a reasonable accommodation?Finally, ADA concerns will be distinguished from Workers’ Compensation issues, and the relationship between the two will be discussed. Questions and Answers
12:00–1:00 Lunch (Provided With Faculty)
1:00–2:00 The Interrelationship between the ADA, FMLA, and Workers’ Compensation:How do you know which law(s) you are dealing with?
Can an employee’s request for a leave be covered by more than one law? When can you request additional information or a second opinion? Questions and Answers
2:00–3:00 Part One of Interactive group activity
Review of hypothetical scenarios involving the ADA, FMLA, and Workers’ Compensation. Topics include: Injury or disability? What is the proper response to an employee’s request for leave? Can this disabled/injured/ill employee’s employment be terminated? How much does the employer need to spend on an ccommodation? Questions and Answers
3:00–3:15 Break and Networking Opportunity
3:15–4:15 Part Two of Interactive group activity
Responding to the complex challenges of the workplace: analysis of tough hypotheticals to navigate treacherous ADA, FMLA, and Workers’ Compensation waters. Questions and Answers
4:15–4:30 Wrap-up
Concluding remarks and final question and answer session.
Hotel Information
Site Hotel - The Resort and Conference Center at Hyannis. A limited block of rooms has been reserved at convention rates ($210 + tax) at the site hotel (The Resort and Conference Center at Hyannis). These rooms will be assigned on a first request basis. To reserve your room, please call 866-828-9111 and mention the SEAK/Workers’ Compensation Conference. The resort is surrounded by 52 totally private acres of beautifully landscaped grounds and offers an 18-hole par 54 golf course, a private patio or balcony for the 232 guest rooms, a complete fitness center, indoor and outdoor pools, a whirlpool, a complete spa, and free parking. The Resort and Conference Center at Hyannis is conveniently located within walking distance of Main Street with its many shops and restaurants. Public beaches and the ferries to Martha’s Vineyard and Nantucket are minutes from the hotel.
Alternative Lodging
As a tourist destination, the Hyannis area has numerous alternative lodging options for different tastes and budgets. We have reserved a block of overflow rooms at The Holiday Inn Hyannis at a discounted rate ($189 single/double). To make your reservations, please call (508) 775-1153 and identify yourselves as being with SEAK, Inc. or book online at www.holidayinn.com/hyannisma and Enter Group Code: SEK. During the conference, SEAK, Inc. will provide free regularly scheduled shuttle bus service between The Holiday Inn Hyannis and The Resort and Conference Center at Hyannis. The Holiday Inn Hyannis is approximately 3 miles from The Resort and Conference Center at Hyannis and is located nearby the Cape Cod Mall and several restaurants. The Holiday Inn Hyannis was recently renovated and features an indoor pool, restaurant, modern gym and free hi-speed internet access. If you prefer a hotel on the harbor and within walking distance of downtown/waterfront restaurants, we suggest the Anchor In (www.anchorin.com), which is 2 miles from The Resort and Conference Center at Hyannis. For a good value, we suggest the Sea Coast Inn (www.seacoastcapecod.com) which is within healthy walking distance of the site hotel and easy walking distance of main street and the Hyannis docks. For a small motel directly across from Craigville Beach, we suggest the Ocean View on Craigville Beach (www.capecodoceanviewmotel.com) If you are coming with your family or colleagues and prefer a suite or townhouse with kitchenette, we suggest the Red Jacket Green Harbor Resort, which is located directly on Lewis Bay, 3 miles from The Resort and Conference Center at Hyannis. If you would like to stay at an oceanfront beach resort with a private beach, jet ski rentals, etc., we suggest the Red Jacket Beach Resort (www.redjacketresorts.com). The Red Jacket Beach Resort is 6 miles from The Resort and Conference Center at Hyannis, but please note that traffic can be heavy in the afternoons coming back from The Resort and Conference Center at Hyannis.
Getting to Hyannis
The two major airports closest to Cape Cod are Logan International Airport in Boston, MA (70 miles) and T.F. Green Airport in Warwick, Rhode Island (80 miles). Barnstable Airport is a five minute drive from The Resort and Conference Center at Hyannis, but this is a commuter airport that has smaller planes and fewer flights. T.F. Green is preferred over Logan (if you are able to get a direct flight) as it is usually less congested. Rental cars, taxis and car service are available at all three airports. If you are on a tight budget or prefer not to drive, Plymouth & Brockton runs bus service between Logan Airport and Hyannis (www.p-b.com).
Cape Cod
Cape Cod is a true destination spot that features beautiful beaches, warm water, great restaurants, historic towns, sightseeing, kayaking, whale watching, museums, numerous bike trails, shopping, nightlife, championship golf, and world famous boating. Cape Cod is also gateway to the islands of Martha’s Vineyard and Nantucket. For more information on what to do on Cape Cod, please visit www.capecod.com.