New York Professional Events List


FMLA Master Class: Advanced Skills for Employee Leave Management (BLR)


Date
Sep 21, 2021 - 07:30 AM - Sep 22, 07:30 AM
Organizer
BLR—Business and Legal Resources
Venue
Hilton Parsippany
Location
1, Hilton Ct

Parsippany,
NJ,
USA,
ZIP: 07054
Phone:

2020 FMLA Master Class: New Jersey Advanced Skills for Employee Leave Management

 

On-Site Seminar: Parsippany, New Jersey | Thursday, September 20, 2020

Morning Focus: Master FMLA Essentials to Make Sure Your Knowledge Foundation is Up to Date Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application

Lunch is included with your registration!

Think employee leave management is a one-time policy issue? Be careful! New and confusing regulations, conflicting court decisions, and increasing employee abuse of FMLA protections means family and medical leave will remain one of HR’s biggest management headaches.

To help you master your obligations and avoid costly penalties, the publisher of New Jersey Employment Law Letter has crafted a cost-effective and engaging solution: 2020 FMLA Master Class: New Jersey - Advanced Skills for Employee Leave Management. This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. An experienced New Jersey attorney will provide substantive instruction on FMLA compliance in light of new and existing regulations, court rulings, and application of this far-reaching law. You’ll engage with your instructor and your peers, solving challenges you face day in and day out concerning intermittent leave, return to work, employee performance, and much more.

This event teaches employee leave management essentials while instilling the confidence you need to make the right coverage calls, control abuse and fraud, answer the toughest questions from employees and your executive colleagues, and avoid the expensive missteps that have devastated other employers.

You’ll enhance your advanced-practitioner skill set when you attend this satisfaction-guaranteed event and learn:

  • How to judge a serious health condition the way judges do, and eliminate disputes about what does and doesn’t constitute it
  • The latest FMLA revisions, so you don’t risk noncompliance
  • What recent FMLA court decisions really mean, so you can adjust your policies accordingly
  • Where FMLA recordkeeping trips up even the savviest human resource managers, and some solutions to avoid similar mistakes
  • How to tame the intermittent leave and reduced schedule beasts, and put a stop to abuse and fraud
  • How FMLA, ADA, and workers’ comp laws overlap, so you can avoid violations
  • And more!

 

Master Class Agenda

Registration 7:30 a.m.–8:30 a.m.

Part I—Mastering FMLA Fundamentals

FMLA Eligibility: Granting Leave When It’s Due and Getting It Right 8:30 a.m.–9:00 a.m. Could you be missing critical first steps in managing FMLA leave—determining employee eligibility? A defined, consistent process helps you not only deny leave when employees don’t qualify, you’ll grant leave for a period that is reasonable and necessary when they do. In this opening session, gain new insights on eligibility determinations and recent trends and developments affecting leave. You’ll be armed to adjust policies and practices in 2020 to ensure compliance with the changing regulatory, legal, and practical landscape. You’ll learn:

  • How to determine FMLA eligibility quickly and easily
  • How the FMLA rules and related court decisions define who qualifies as a covered family member
  • How to coordinate leave for workers caring for adult children
  • Rules related to determining in loco parentis status
  • How to coordinate state and federal leave when definitions of “covered family member” differ

Managing Serious Health Conditions and Medical Certifications 9:00 a.m.–10:00 a.m. At the heart of many FMLA leave requests is the serious health condition. The regulations do offer some guidance and allow you to require medical certification, yet there are a multitude of reasons for needing time off. Assessing those reasons requires keen judgment, and this session will show you how to make the right call. You’ll learn about:

  • Illnesses and injuries that may be serious health conditions -- even though the regulations say they generally aren’t
  • How many health conditions it takes to be “serious”
  • What to do if a medical certification is incomplete or unclear
  • Your options if an employee or doctor doesn’t cooperate with obtaining the required certifications
  • When you may require employees to provide recertification of a serious health condition
  • The “do’s and don’ts” of return-to-work certifications

Break 10:00 a.m.–10:15 a.m.

Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing Claims 10:15 a.m.–11:00 a.m. FMLA is ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and for determining how much leave employees have remaining in a given year. A good grasp of timing rules—and learning how to monitor other key areas of FMLA usage—can help you prevent abuse of FMLA entitlements and fend off litigation. This session covers:

  • How to give the four kinds of FMLA notices—on time and on point
  • What to do if an employee refuses FMLA designation
  • Selecting the best type of FMLA leave year for your organization
  • Counting holidays that fall during leave
  • Rules regarding “making up” FMLA leave
  • Handling suspected FMLA abuse without running afoul of the law
  • How to manage employee leave without risking claims of interference
  • How to legally discharge employees who are on or just returned from FMLA leave

Mastering Tough FMLA Issues 11:00 a.m.–12:15 p.m. It’s one thing to understand FMLA rules, but another thing entirely to apply them in the real world. For example, intermittent leave seems pretty straightforward, but what about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? How do you handle an investigation by DOL? This session will show you:

  • How to manage intermittent and reduced schedule leave
  • How to handle leave duration
  • How to calculate leave for fluctuating work schedules
  • Rules on substitution of various types of paid leave for FMLA leave
  • When employees have job reinstatement rights and when they do not
  • Tips on how to effectively manage an FMLA investigation by the DOL

Networking Power Lunch (included with your registration) 12:15 p.m.–1:15 p.m.

All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws 1:15 p.m.–2:30 p.m. FMLA seems pretty comprehensive, but it’s not the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. You need to know when other laws create different obligations—and how their requirements work in tandem with FMLA. In this session we’ll cover:

  • How FMLA and ADA interact
  • Why FMLA serious health conditions are more likely to qualify as disabilities under the ADAAA
  • When you should offer leave as a reasonable accommodation under the ADA, including a discussion of ADA leave cases and agency guidance
  • How to offer accommodations other than leave without violating FMLA
  • When you can require employees to take FMLA leave concurrently with workers’ comp leave
  • Recent developments in state leave laws, including paid sick leave, family leave, pregnancy accommodation, and other trends

Break 2:30 p.m.– 2:45 p.m.

Part II—Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings

Applying Your Knowledge 2:45 p.m.–4:00 p.m. In this highly interactive portion of the FMLA Master Class, your faculty of labor and employment attorneys will walk you through a series of scenarios illustrating real-life FMLA issues that stump even the most seasoned of HR practitioners. You’ll discuss case-studies with the lawyers and fellow attendees to determine the correct course of action, based on the facts and FMLA compliance principles.

Recent court rulings, long-standing precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop to provide actionable guidance on tricky FMLA challenges facing HR and employers in 2020. We’ll dive deep into:

1. Medical certifications and what to do when:

  • Certification submitted by employee is not sufficient
  • Employee does not return the certification
  • Employee refuses to update the certification if need for leave changes
  • Employee does not submit fitness-for-duty certification at end of leave

2. Intermittent leave

  • Certification of need for intermittent leave
  • Specific information on when leave is needed, expected frequency and duration
  • What to do if an employee uses more leave than expected
  • Abuse of intermittent leave (Mondays and Fridays, before and after holidays)

3. Reduced schedule leave

  • Certification and specific information on reduced hours, expected duration
  • Updating certification
  • Tracking leave time

4. FMLA during holidays and shutdowns

  • How to count FMLA leave during holidays
  • Administering FMLA leave during extended plant or office shutdowns
  • Determining whether an employee on FMLA leave during holidays is entitled to holiday pay

5. Addressing performance issues that arise prior to the request for leave

  • What to do when an employee requests FMLA leave in the midst of the disciplinary process or just before discipline or termination steps are taken
  • Addressing performance issues that arise during intermittent or reduced schedule leave
  • Addressing performance issues discovered while an employee is on leave
  • Reductions in force while employee is on FMLA leave

6. Return to work—what to do if an employee is:

  • Not able to return to work at end of leave (ADA considerations)
  • Cleared to return to work with restrictions
  • Temporarily unable to perform essential functions
  • Unable to perform essential functions in the long-term

Final Questions and Closing 4:00 p.m.–4:30 p.m. Have lingering questions about points raised during this intensive FMLA workshop or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the attorneys before you wrap up for the day.

 

 

Your New Jersey Faculty with the law firm of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Sharon Margello, ShareholderSharon Margello, Shareholder

Sharon P. Margello represents management in all areas of employment law, including employment discrimination, restrictive covenant, collective actions and wrongful discharge litigation. She counsels clients regarding employee discipline and termination of union and non-union employees, and she drafts and reviews severance policies and agreements. She also works with management on the design and implementation of reductions in force. She regularly conducts training programs for management and non-management personnel in the areas of sexual harassment and other employment-related issues. Ms. Margello has substantial experience in both the public and private sectors in the area of labor relations and employment law. Prior to entering private practice, Sharon worked for five years for the New York City Board of Education, Office of Labor Relations and Collective Bargaining. She also was employed as in-house counsel for The Hertz Corporation, concentrating in the area of employment relations.

Steven LucknerSteven Luckner

Steven J. Luckner is a shareholder in the firm's Morristown office where his practice focuses on the defense of cases involving allegations of wrongful discharge, sexual harassment, age, race, sex, religious, disability discrimination, whistle-blower and other statutory claims. Mr. Luckner also has experience in the defense of wage and hour claims under both the Federal Fair Labor Standards Act and various state laws.

Michael RiccobonoMichael Riccobono

Michael J. Riccobono is an employment litigator who regularly defends employers against single- and multi-plaintiff discrimination, harassment, whistleblower, retaliation, and non-competition/non-solicitation matters before both state and federal courts and government agencies. He has represented employers of all sizes and from a number of different industries, ranging from international Fortune 500 corporations to closely-held and family businesses, in the financial, pharmaceutical, manufacturing, and insurance industries. In addition to handling complex employment litigation, Michael regularly works closely with in-house counsel, executive officers and directors, and human resources professionals on a wide range of day-to-day employment counseling issues.

Mark DianaMark Diana

Mark has a diverse litigation and counseling practice representing both private and public sector employers. For more than 20 years he has been defending employers in discrimination, harassment, wrongful termination, retaliation, breach of contract, wage and hour, and other employment-related cases before state and federal courts, administrative agencies and arbitration tribunals. Mark also provides counseling and compliance advice to employers with respect to the full spectrum of employment laws (including the ADA, Title VII, FMLA, FLSA, FCRA, WARN, NJLAD, CEPA and many other state and federal employment laws), drafts and reviews employment agreements and policies, and assists employers in connection with hiring, discipline, and termination decisions.Mark served as a law clerk to the Honorable William M. D’Annunzio, New Jersey Superior Court, Appellate Division, from 1988-1989. He is admitted to practice in New Jersey state courts, the U.S. District Court for the District of New Jersey, and the U.S. Court of Appeals for the Second and Third Circuits.

 

Please contact the event manager Marilyn (marilyn.b.turner(at)nyeventslist.com ) below for:

- Multiple participant discounts - Price quotations or visa invitation letters - Payment by alternate channels (PayPal, check, Western Union, wire transfers etc) - Event sponsorships NO REFUNDS ALLOWED ON REGISTRATIONS Service fees included in this listing. ----------------------------------------------------------------- This event is brought to you by: Business & Legal Resources - NewYorkEventsList http://www.NyEventsList.com http://www.BostonEventsList.com http://www.SFBayEventsList.com ----------------------------------------------------------------- MYL180412CEV MYL180416UPT ROX180509TFR

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