Conference Description:

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
Who will Benefit:
This seminar will provide valuable assistance to all personnel in:

HR Manager
HR Generalist
HR Specialist
HR Assistants
Managers
Supervisors
Executives
Employee Relations Persons
Consultants
Small Business Owners