ADA, FMLA, and Workers' Compensation: In Depth

ADA, FMLA, and Workers' Compensation: In Depth


ADA, FMLA, and Workers' Compensation: In Depth
Monday, July 18, 2005	Faculty
Four Points by Sheraton Hyannis Resort, Hyannis, Cape Cod, Massachusetts	Schedule
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. They will take away practical, valuable advice which they can use immediately. The learning methodology features interactive lectures and hands-on case studies and exercises.
What Will You Accomplish By Attending?
At the completing of this seminar you will be able to:
Understand when and how an employee's situation is covered by the ADA, the FMLA, and the state workers' compensation statutes, Understand the employer's obligations under the ADA, the FMLA and the 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.
Distinguished Faculty
Adam P. Forman, Esquire, is a partner of Testa, Hurwitz & Thibeault, LLP and Chair of the Labor and Employment Practice Group. 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).

Tuition

The $295 tuition includes a continental breakfast, lunch with faculty, a workshop manual not available elsewhere, and a dynamic learning experience. Click here for registration information.

Continuing Education Information

Click here for Continuing Education Information.

Schedule

Monday, July 18, 2005

7:00-8:00	Registration and Continental Breakfast
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.
8:15-9:30	The FMLA: An Overview and hot topics An overview and hot topics: Attendees will learn eligibility issues, 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.
9:30-10:45	The ADA: An Overview of the law Attendees will learn how to determine if an employee has a disability (Does he 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.
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.
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?
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 accommodation?
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.
4:15-4:30	Wrap-up: Concluding remarks and final question and answer session