Comprehensive 2-Day FMLA, ADA, PDA, and PWFA Certificate Program: Essential Compliance and Best Practices for Workplace Leave and Accommodation Laws (Starts 04-01-2024)

Instructor: Elga Lejarza, aPHR, PHR, SHRM-CP, SPHR, GPHR, SHRM-SCP

Continuing Education Credits:

• HRCI – 14 HR(General) Credits
• SHRM – 14 PDC’s

Schedule: 10:00 AM – 6:00 PM Eastern Time on Both Days (Detailed Agenda Below)

Why You Should Attend This Workshop

• Would you like to know the Americans with Disability Act and the Family Medical Leave Act?
• 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 the importance of adopting a 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 in 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 that 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 the Certificate Program for 3 months starting the day of the seminar. The participant will be provided with an email address and they will get a response within 48 hours.

• Seminar Material
• A hard copy of the presentation
• Interactive Process Package
• Certificate

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 the 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 of 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 the 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
• Managers
• Supervisors
• Executives
• Employee Relations Persons
• Consultants
• Small Business Owners

Day 01 (10:00 AM – 6:00 PM Eastern Time)

• FMLA & ADA Compliance Update Certification Program
•  FMLA History
  • 1984 First written draft in FMLA
  • 1993 FMLA was passed signed by President Clinton
• 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 and PTO
  • FMLA Activities
  • Military Family Leave Provisions
  • Qualifying Exigency
  • Serious Health Condition under FMLA
  • 12-Month Period under FMLA
  • Protections under FMLA
• 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
• Health Care Providers and Tracking and Method for taking FMLA
  • Who is a Health Care Provider
  • Certifications from other countries/other languages
  • Methods for tracking the 12 month period
  • Changing to a different Method
  • Calculating the amount of Intermittent hours
  • Special Rule for Airline Flight Crew Employees
  • Educational Agencies and The FMLA
• 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
• 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
• 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
• 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 Eastern Time)

• ADA History
• 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”
• 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
• The Recruitment Process and ADA
  • Examples of Reasonable Accommodations during the Recruitment Process
  • Identifying if the candidate is a “qualified Individual”
  • Obligations even with candidates
  • Hearing Impaired Candidate Example
• 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
• The Interactive Process/Reasonable Accommodations
  • Timing Requirement and follow up
  • Examples of Reasonable Accommodations
  • askjan.org
  • Diabetic Employee Case
• Interactive Process Exercise