This seminar will guide you through the 'alphabet soup' of federal and state laws governing what an employer can and cannot do to control attendance and absenteeism. Subjects covered include employee leave and attendance aspects of the FMLA, the ADA, and the FLSA, as well as the effect of employee handbooks and formal attendance policies. The legal aspects of leave for special reasons, such as pregnancy or military duty, will also be discussed, and the seminar will cover the differing legal analyses to be applied when the attendance or absenteeism issue is related to an injury or illness incurred on the job. In addition to the legal perspective, this seminar will also dispense practical advice from the viewpoint of the human resources professional.
- Coordinating ADA, FMLA and Workers' Compensation
- Avoiding the 'contract' trap in written attendance policies and handbooks
- PTO buy-backs and other HR tools to encourage attendance
- Making a record - minimizing legal exposure through proper documentation of an attendance problem
- Addressing co-workers' morale and employer's productivity, labor cost, and scheduling concerns for protected absences
9:00 a.m. - 9:45 a.m.
I. Employee Attendance And Absenteeism
A. Setting The Stage
B. Employment At Will
C. Employee Handbooks And Attendance Policies
9:45 a.m. - 10:30 a.m.
II. Attendance, Absenteeism, And Coordinating FMLA, ADA, And Workers'
A. The Basic Framework And Goals Of The Statutes
B. Conflicts And Divergent Aims Recognition And Ordering
C. Coordination Of Remedies
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:00 p.m.
III. Attendance Issues Under The ADA, FMLA, And The FLSA
A. ADA And Attendance Requirements And Policies
B. FMLA And Attendance Requirements And Policies
C. FLSA And Attendance Requirements And Policies
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
IV. Attendance Issues Under Workers' Compensation
A. When Must An Injured Or Ill Employee Return To Work Or Lose Benefits?
B. What Are The Consequences Of Absenteeism And Discipline For Absenteeism On Compensation Obligations?
C. Documentation And Procedures How Not To 'Borrow Trouble'
1:45 p.m. - 2:30 p.m.
V. 'Special Occasion' Leave Laws Pregnancy, Military Duty, Voting, Jury Duty, etc.
A. Overview 'Leave Laws' Compared And Contrasted To ADA, FMLA, And Title VII
B. Pregnancy Leave Laws
C. Other 'Special Occasion' Leave Laws
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 4:00 p.m.
VI. Controlling Excessive Absenteeism The Human Resources Perspective And
A. Developing Attendance Programs
B. Attendance Incentives
C. Monitoring Attendance Programs
4:00 p.m. - 4:30 p.m.
VII. Panel And Audience Discussion Of Hypothetical Problems And Questions And
A. Hypothetical Problems
B. Panel Views
C. Audience Discussion And Questions