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Seminar Summary:

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. (see full course description)

 
 
 

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Training Course Syllabus:


FMLA and ADA Compliance Certificate Program: Everything You Ever Wanted to Know

Would you like to know the American with Disability Act and the Family Medical Leave Act from A-Z?
Master activities such as engaging in the Interactive Process, review, select and provide Reasonable Accommodations?
Comply with all the Family Leave Act’s obligations and responsibilities especially with constant and latest changes?
Protect 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”.

Learning Objectives:

  • 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
  • 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

Areas Covered:

  • 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

DAY 01(8:30 AM - 4:30 PM)

FMLA & ADA Compliance Update Certification Program

8:30 - 9:00 - Meet & Greet

9:00 - 9:15 - ADA History

9:15 - 10:30 - 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”

10:30 - 10:40 - Break

10:40 - 11:30 - ADA Basics continuation
Most Common Disabilities
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

11:30-12:00 - The Recruitment Process and ADA
Examples of Reasonable Accommodations during the Recruitment Process
Identifying if candidate is a “qualified Individual”
Obligations even with candidates
Toys “R” Us Example

12:00 - 1:00 - Lunch

1:00 - 3:00 - The Interactive Process/Reasonable Accommodations
Initiation of the Interactive Process
Who is involved in the process
Confidentiality
Selection of Reasonable Accommodation
Reasonable Accommodation = Effective Accommodation

3:00 - 3:10 - Break

3:10 - 4:00 - The Interactive Process/Reasonable Accommodations
Timing Requirement and follow up
Examples of Reasonable Accommodations
askjan.org
Walgreens Diabetic Employee Case

4:00 - 4:30 - Interactive Process Exercise

DAY 02(8:30 AM - 4:30 PM)

8:30 - 9:00 - Greet, review previous day’s topics/answer questions

9:00 - 9:15 - FMLA History
1984 First written draft in FMLA
1993 FMLA was passed signed by President Clinton

9:15 - 10:30 - Family Medical Leave (FMLA) Basics
Employer/Employee Eligibility
FMLA qualifying events
Serious Health Condition under FMLA
Who is a family member under FMLA
Loco Parentis
Coverage of Adult Children under the FMLA
Type of documentation needed for Baby Bonding
Leave under the FMLA for Spouses working for the same Employer
Types of FMLA: Continuous/Intermittent/Reduced schedule
Protections under FMLA
Equivalent Position
Requesting Re-certifications

10:30-10:40 - Break

10:40 - 11:30 – Employer Notification Requirements
General Notice for all employees
Notice in Employee’s handbook
Eligibility Notice
Rights and Responsibilities Notice
Certification of Health Care Provider
When is Recertification Needed?
7 days to “cure the deficiency” period
Authentication and Clarification
Second and third opinions
Designation Notice

11:30 - 12:00 – Health Care Providers and Tracking and Method for taking FMLA
Health Care Providers
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

12:00 - 1:00 - Lunch

1:00 - 2:00 - 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
Timing Reinstatement returning from FMLA
Group Health Plan Coverage
Employee payment of Health Premiums
Premium recovery when an employee quits

2:00 - 2:30 - 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

2:30 - 3:00 - 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

3:00 - 3:10 - Break

3:10 - 4:15 - FMLA Retaliation/Interference/Retaliation/Discrimination Cases
FMLA Personal Liability
Duty to Investigate Fraudulent cases
Maria Escriba Case
Las Vegas’ FMLA Case

4:15 - 4:30 - Graduation: Certificates and Pictures


Seminar Summary:

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. (see full course description)

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