This seminar is designed for human resource and payroll professionals, business owners and managers, accountants and attorneys.
This is an informative, interactive, and practical seminar, brought to you by experienced labor and employment practitioners.
This workshop provides you a better understanding of the basic requirements of the ADA, the Family Medical Leave Act and its state law counterpart (OFLA), and workers’ compensation. Our experts will provide practical advice on how to manage performance problems that commonly arise in relation to these laws, and show you how to draft your policies, job descriptions, and performance reviews to comply with them.
Employee benefit plans have been affected by a number of new federal laws and governmental rulings. Most notable in these regards are the health information privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the sanctioning of so-called “health reimbursement arrangements” (HRAs) by the IRS. This seminar will provide information and practical guidance regarding these new developments, as well as a general overview of the legal and fiduciary considerations in regard to the establishment and maintenance of an employee benefit plan.
8:30 a.m. - 9:20 a.m.
I. Americans With Disabilities Act
A. Key Provisions Of The Act
B. What Disabilities Are Covered
C. Who Is A Qualified Individual With A Disability
D. Reasonable Accommodation And The Interactive Process
E. Providing Leave As A Reasonable Accommodation Under The ADA
F. Essential And Marginal Job Duties
G. Medical Inquiries And Examinations
9:20 a.m. - 10:30 a.m.
II. Family And Medical Leave Acts
A. Key Provisions Of Oregon And Federal Leave Laws
B. Employee Eligibility
C. Duration Of Leave
D. Designating Leave
E. Notice And Record-Keeping
F. Medical Certification
G. Communications With Doctors
H. Continuation Of Benefits
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 11:30 a.m.
III. Interplay Between ADA, Leave Laws
And Workers’ Compensation
A. Essential Duties Of Employer Under Workers’ Compensation Law
B. ADA “Disability” vs. FMLA “Serious Health Condition”
C. When Is An On-The-Job Injury Also Covered By The ADA?
D. When Does A Work Related Injury Trigger FMLA?
E. Return To Work Issues
11:30 a.m. - 12:20 p.m.
IV. Managing Performance Issues That
Commonly Arise In Relation To
Leave Laws And The ADA
A. Job Descriptions
B. Performance Reviews
C. Abuse Of Attendance
D. Determining When It Is Appropriate To Discipline An Employee With A Physical Or Mental Condition
E. Termination Of An Employee With A Physical Or Mental Condition
12:20 p.m. - 1:20 p.m.
Lunch (On Your Own)
1:20 p.m. - 1:50 p.m.
V. Litigation Of ADA And FMLA Claims
A. Employer’s Defenses
B. What Can An Employer Expect In A Lawsuit
C. Working With Your Attorney To Minimize Your Losses
1:50 p.m. - 2:35 p.m.
VI. Benefit Plans: Legal Considerations
A. Legal Framework
B. Structure Of Plan Administration
C. Fiduciary Duties
D. Fiduciary Liability
2:35 p.m. - 2:45 p.m.
2:45 p.m. - 3:45 p.m.
VII. Health Insurance Portability And
Accountability Act (HIPAA) Privacy
A. Privacy Official And Contact Person
C. Technical And Physical Safeguards
D. Notice Of Privacy Practices
E. Complaint Process
3:45 p.m. - 4:00 p.m.
VIII. Health Reimbursement Accounts
A. Eligibility Requirements
B. Qualified Expenses
C. Differences Between HRAs And Flexible Spending Accounts (FSAs)
4:00 p.m. - 4:30 p.m.
IX. Policy Development And The ADA,
FMLA And HIPAA
A. Drafting Personnel Policies That Comply With The ADA, FMLA And HIPAA
B. What Is Required By Law
C. What Management Choices You Will Need To Make
D. Sample Form Policies