ADA, FMLA, and Workers' Compensation: In Depth

July 14, 2008
Hyannis, MA

The Resort and Conference Center at Hyannis

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

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.

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. Human Resource Professionals: This program has been approved for 7.0 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: 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. 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™ 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.

Scheduleclick here to view the complete schedule

Monday, July 14, 2008

Monday, July 14, 2008

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.