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2 Day In-Person FMLA, ADA and PDA Certificate Program (Starts 8-26-2019)

August 26th, 2019
10:00 am – 6:00 pm
33 Beacon Drive Greenville South Carolina 29615
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Sharpen your skills with Elga Lejarza-Penn, SPHR and enrich your career by attending this 2-Day information packed Certificate Program on Family & Medical Leave Act (FMLA) , Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA) Training. This is a thorough Certificate Program Training which will provide you with the tools and resources you need to maintain compliance with these two important laws and regulations and to serve as your organization internal consultant to minimize organizational risk.
Why You Should Attend This Workshop

Would you like to know the American with Disability Act and the Family Medical Leave Act from A-Z?
Do you feel you can master activities such as engaging in the Interactive Process, review, select and provide Reasonable Accommodations?
Can you say that you are complying with all the Family Leave Act’s obligations and responsibilities especially with constant and latest changes?
Do you want to have the peace of mind that you are protecting not just your organization but also yourself?

Recent Equal Employment Opportunity Commission and Wage and Hour Division-U.S. Department of Labor’s lawsuits highlight importance of adopting comprehensive procedure for managing ADA and FMLA.
No, I am not saying that you need to go to Law School and get a Doctor of Juridical Science degree on Employment Law in order to survive the tsunami of litigations and astonishing well-publicized lawsuits and settlements we read about every week. All you need is to sharpen your skills and enrich your career by attending this 2 Day Certificate Program on FMLA & ADA. This is a thorough Certificate Program which will provide you with the tools and resources you need to maintain compliance with these two important laws and regulations and to serve as an internal consultant to minimize organizational risk. Always remember, it is better to deal with the issues “in-house”, rather than in the “Court-house”.
Seminar Fee Includes:
Free consulting service on questions related to Certificate Program for 3 months starting the day of the seminar. Participant will be provided with an email address and they will get a response within 48 hours.

Seminar Material
Hard copy of presentation
Interactive Process Package

Learning Objectives:

Review the History of the FMLA
Understand who are “Covered Employers” under the FMLA
Identify who are “Eligible Employee” under the FMLA
Assess FMLA qualifying events
Learn what is considered “Serious Health Conditions” under the FMLA
Review who is a Family Member under the FMLA
Define “Locus Parentis”
Learn about special case when using FMLA with Spouses employed by the same Employer
Learn about the different types of FMLA Leave
Review who is a “Health Care Provider” under the FMLA
Evaluate the “Certification of Health Care Provider” for employee’s own serious health condition and for family member
Learn how to handle Incomplete Certifications
Clarify when a “Recertification” is needed
Understand the different way to Determine the “12 month period” under the FMLA
Discuss employee’s Intent to return to work or intent not to return to work
Evaluate employer’s request for Fitness for Duty Certification/Return to Work Note
Discuss how critical is a “Timely return to work” under the FMLA
Gain a strong understanding that 12 weeks is not always equivalent to 480 hours
Review the protection to “Maintain Group Health Benefits” under the FMLA
Clarify who has Job Restoration and who does not
Define the term “Key or Highly Compensated Employee”
Determine what is an “Equivalent Position” under the FMLA
Learn about the Military Caregiver Leave
Learn about the Qualifying Exigency Leave
Discuss Substitution of Paid Leave
Review Recordkeeping requirements
Gain a basic understanding of the importance on Investigating FMLA fraudulent cases
Clarify FMLA Interference
Review FMLA Discrimination and Retaliation
Gain a strong understanding on the lesson we can learn from Maria Escriba’s case
Review the History of ADA
Learn what is ADA and what employment practices are unlawful under ADA
Review a list of the most common disabilities under ADA
Clarify protection difference under ADA between Alcoholism and drug addiction
Identify “Major Life Activities”
Understand compliance with the Voluntary Self Identification Form
Learn the definition of disability under ADA
Clarify the differences between ADA and ADAA
Review the definition of “Impairment” under ADA
Assess the term “Substantial Limitation”
Review “Major Bodily Functions” under ADA
Clarify the term “Mitigating Measures”
Review exceptions to the term Disability
Define who is a “Qualified Individual” under ADA
Gain a strong understanding of the Interactive Process
Review the tool provided to document the Interactive Process
Discuss examples of Reasonable Accommodations
Identify Essential Functions vs. Marginal function under ADA
Clarify the term “Undue Hardship”
Review the Recruitment Process involving applicants with Disabilities
Review some Reasonable Accommodations provided to potential candidates with disabilities
Review JAN – Job Accommodation Network
Review important ADA cases

Topics covered include:

ADA History
7% Utilization Rate and the Voluntary Self-Identification of Disability Form
Americans with Disabilities Amendment Act (ADAAA)
Definition of Disability under ADA
“Being regarded” prong under ADA
Major life activities
Definition of “Substantial Limitation” under ADA
Compliance obligations under ADA
Protected Classes under ADA
The Interactive Process
Reasonable Accommodation Process
Examples of Reasonable Accommodations
Most common disabilities under ADA
Protection for alcoholism vs. drug use under ADA
The ADA and Persons with HIV/AIDS
Definition of Mitigating Measures under ADA
Direct Threat Defense
Hardship Defense
Definition of “Qualified Individual” under ADA
Posting Notices
Confidentiality and ADA
FMLA History
Covered Employers/Eligible Employees
“Loco Parentis” under the FMLA
Coverage of adult children under the FMLA
FMLA Qualifying Events
Notice Requirements
Certification of Serious Health Condition under the FMLA
Authentication and clarification of Certification
Employee Protections under the FMLA
Substitution of Paid Leave
Limitations to FMLA Protections
Employer Notification Requirements under the FMLA
Methods to establish the 13-month period under the FMLA
Calculation of Leave under the FMLA
Leave under the FMLA for spouses working for the same employer
Military Caregiver Leve
Qualifying Exigency Leave
Next of Kin
Employers’ prohibited actions under the FMLA
Exercises/Activities on ADA and FMLA

Who will Benefit:

HR Manager
HR Generalist
HR Specialist
HR Assistants
Employee Relations Persons
Small Business Owners

Day 01(10:00 AM – 6:00 PM)

FMLA & ADA Compliance Update Certification Program
10:00 – 11:15 – FMLA History

1984 First written draft in FMLA
1993 FMLA was passed signed by President Clinton

11:15 – 12:30 – Family Medical Leave (FMLA) Basics

Employer/Employee Eligibility
FMLA qualifying events
Types of FMLA: Continuous/Intermittent/Reduced schedule
Who is a family member under FMLA
Loco Parentis
Coverage of Adult Children under the FMLA
FMLA and Common Law Marriages
Type of documentation needed for Baby Bonding
Leave under the FMLA for Spouses working for the same Employer
FMLA Activities
Military Family Leave Provisions
Qualifying Exigency
Serious Health Condition under FMLA
12-Month Period under FMLA
Protections under FMLA

12:30 – 1:30 – Employer Notification Requirements

General Notice for all employees
Notice in Employee’s handbook
Eligibility Notice
Rights and Responsibilities Notice
Designation Notice
Certification of Health Care Provider
When is Recertification Needed?
7 days to “cure the deficiency” period
Authentication and Clarification
Second and third opinions

1:30 – 2:00 – Health Care Providers and Tracking and Method for taking FMLA

Who is a Health Care Provider
Certifications from other countries/other language
Methods for tracking the 12 month period
Changing to a different Method
Calculating amount of Intermittent hours
Special Rule for Airline Flight Crew Employees
Educational Agencies and The FMLA

2:00 – 3:00 – Lunch
3:00 – 4:00 – Protection and Maintenance of Group Health Benefits

Reinstatement to an Equivalent Position
Exemption for Key or Highly Compensated Employees
Intent to Return to Work
Fitness for Duty Certification
Requesting Re-Certifications
Timing Reinstatement returning from FMLA
Group Health Plan Coverage
Employee payment of Health Premiums
Premium recovery when an employee quits

4:00 – 4:30 – Military Caregiver Leave and Qualifying Exigency

Leave Entitlements
Next of Kin
Single 12 Month period
Certification Requirements for Military Caregiver Leave
Qualifying Exigency Categories
Certification Requirements for Qualifying Exigency Leave
Recordkeeping Requirement

4:30 – 5:00 – FMLA and Other Laws

The FMLA and the Pregnancy Discrimination Act of 1978 (PDA)
Leave as “Reasonable Accommodation” under ADA
The FMLA and the Genetic Information Nondiscrimination Act
The FMLA and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
The FMLA and Workers’ Compensation Laws

5:00 – 6:00 – FMLA Retaliation/Interference/Retaliation/Discrimination Cases

FMLA Personal Liability
Duty to Investigate Fraudulent cases
Maria Escriba Case
Las Vegas’ FMLA Case

Day 02(10:00 AM – 6:00 PM)

10:00 – 10:15 – ADA History
10:15 – 11:30 – ADA Basics

Compliance obligations under ADA
7% Utilization Rate
Titles of ADA
Americans with Disability Amendment Act (ADAAA)
Disability Definition
Impairment Definition
Substantial Limitation Definition
List of Major Life Activities
Physical Impairment
Mental Impairment
Major Bodily Functions
Mitigating Measures
Examples of “Being Regarded as”

11:30 – 12:30 – ADA Basics continuation

Most Common Disabilities
Title VII of the Civil Rights Act of 1964
Pregnancy Discrimination Act of 1978 (PDA)
Family & Medical Leave Act (FMLA)
The Pregnant Workers Fairness Act
The ADA and Person with HIV/AIDS
Protection for alcoholism vs drug users under ADA
Disorders not considered Disabilities under ADA
Direct Threat Defense
Qualified Individual under ADA
Essential Functions vs. Marginal Functions
Undue Hardship Defense

12:30-1:00 – The Recruitment Process and ADA

Examples of Reasonable Accommodations during the Recruitment Process
Identifying if candidate is a “qualified Individual”
Obligations even with candidates
Hearing Impaired Candidate Example

1:00 – 2:00 – Lunch
2:00 – 4:00 – The Interactive Process/Reasonable Accommodations

Initiation of the Interactive Process
Who is involved in the process
Selection of Reasonable Accommodation
Reasonable Accommodation = Effective Accommodation

4:00 – 5:00 – The Interactive Process/Reasonable Accommodations

Timing Requirement and follow up
Examples of Reasonable Accommodations
Diabetic Employee Case

5:00 – 6:00 – Interactive Process Exercise
6:00 – 6:30 – Graduation: Certificates and Pictures


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