ADA, FMLA, and Workers'
Compensation: In Depth
ADA, FMLA, and
Workers' Compensation: In Depth
July 14, 2008
Hyannis, MA
The Resort and Conference Center at Hyannis
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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. 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.
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.