ADA, FMLA, and Workers Compensation: In Depth, July 16, 2012
Hyannis, MA
The Resort and Conference Center at Hyannis, Hyannis, Cape Cod, Massachusetts
Monday, July 16, 2012
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).
John D. Doran Esq. is a shareholder in the Providence office of Littler Mendelson. His practice focuses exclusively on representing management in labor and employment matters. Working predominately with clients in the healthcare industry, he appears in federal and state courts in Rhode Island and Massachusetts and before the Equal Employment Opportunity Commission, the Rhode Island Commission for Human Rights, and other state human rights agencies. He also defends employers against discrimination claims based on race, sex, age, religion, national origin and disability and handles matters related to the Family and Medical Leave Act and the Americans with Disabilities Act. Attorney Doran received his BS from Boston College and his JD from Suffolk University.
Continuing Education Credits
Attorneys: Please request CLE credits when mailing in your registration form. Human Resource Professionals: SEAK has applied for recertification credit hours toward PHR, SPHR and GPHR through the Human Resource Certification Institute (HRCI). 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 live activity for a maximum of 7.00 AMA PRA Category 1 Credit(s).™ Physicians should claim only the credit commensurate with the extent of their participation in the activity. Occupational Health Nurses: 7.0 60-minute contact hours for continuing education in nursing have been applied for through 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. Disability Specialists: 7.0 contact hours of continuing education for disability specialists have been applied for from the Commission for Disability Management Specialists, Schaumburg, Illinois. 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. 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. Rehabilitation Nurses: This program will be accepted for 7.0 60-minute hours of continuing education for ARN Certification. Submit certificate.
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, a free beach shuttle 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.
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 accommodation? 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.
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