ADA, FMLA, and Workers' Compensation: In Depth
ADA, FMLA, and Workers' Compensation: In Depth
July 16, 2007
Four Points by Sheraton Hyannis Resort |
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. 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.
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.
Distinguished Faculty
John Doran, Esq.
Mr. Doran's practice focuses exclusively on representing management in labor and employment matters, including Department of Labor investigations, proceedings before the National Labor Relations Board, labor arbitrations and collective bargaining. He also represents employers before the Equal Employment Opportunity Commission and state human rights agencies to defend employers against discrimination claims based on race, sex, age, religion, national origin and disability. In addition, John regularly advises clients on and litigates cases involving a myriad of employment-related issues, including the Fair Labor Standards Act, the Family and Medical Leave Act, Americans with Disabilities Act, hiring and firing policies, employment agreements and employment manuals.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.
Tuition
The $395 tuition includes a continental breakfast, breaks, lunch with faculty, a detailed manual which can be retained as a bookshelf reference, and a dynamic learning experience.
Click here for registration information.
Continuing Education Information
Case Managers:
7.0 contact hours of
continuing education for Case Managers have been applied for from
the Commission for Case Manager Certification, Rolling Meadows,
Illinois.
Disability Specialists:
7.0 contact hours of
continuing education for Disability Specialists have been applied
for from the Commission for Disability Management Specialists
Commission, Rolling Meadows, Illinois.
Occupational
Health Nurses:
8.4 contact hours for
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.
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™ Credits. 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, Rolling Meadows, Illinois.
Rehabilitation
Nurses: This
program will be accepted for 8.4 contact hours of credit for ARN
certification. Submit
certificate.
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.
Scheduleclick here to view the complete schedule
Monday, July 16, 2007
7:00-8:00Registration and Continental Breakfast
8:00-8:15Introduction
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
8:15-9:30The 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
9:30-10:45The 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
10:45-11:00BREAK &
NETWORKING OPPORTUNITY
11:00-12:00The 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
12:00-1:00LUNCH PROVIDED WITH FACULTY
1:00-2:00The
Interrelationship between the ADA, FMLA, and WC
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
2:00-3:00Part 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? Questions
and Answers
3:00-3:15BREAK &
NETWORKING OPPORTUNITY
3:15-4:15Part 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
4:15-4:30Wrap-up
Concluding remarks and
final question and answer session.