FMLA and ADA Compliance Certificate Program


Course Code

#1512731040

Duration

2 Days

Seminar Date

Jun 11 - 12, 2018

Location

Lexington, KY.


Why Should You Attend:

When employers are not properly prepared for FMLA and ADA issues, companies could face discrimination suits, litigation, settlements, lawyer fees, unplanned expenses, employee turnover, morale issues, and possible negative community image. This FMLA and ADA program can assist companies in maintaining employment law compliance.

Description:

No 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”. 

The key to untangling ADA and FMLA is to understand the obligations under each statute. Therefore, it is crucial for employers to have at least a basic knowledge of the laws to apply them correctly and avoid litigation.

This comprehensive program includes information packed sessions that provide complete coverage of all aspects of the federally-required FMLA and ADA compliance and best practices. You will learn the practical strategies and procedural recommendations that will enable you to tackle the challenging FMLA and ADA issues you confront everyday!

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 Leave
  • Qualifying Exigency Leave

Who will benefit:

  • HR Manager
  • HR Generalist
  • HR Specialist
  • HR Assistants
  • Managers
  • Supervisors
  • Executives
  • Employee Relations Persons
  • Consultants
  • Small Business Owners
  • +
    Day 1 : (8:30 AM – 4:30 PM)
    Lecture 1 : ADA Compliance Update Certification Program
    • 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 2 : (8:30 AM – 4:30 PM)
    Lecture 1 : FMLA Compliance Update Certification Program
    • 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 

  • Elga Lejarza

    Elga Lejarza is founder and president of Lejarza HR Consulting LLC. She has 20+ years' experience in the field of Human Resources Management and is certified as a Senior Professional in Human Resources SPHR, SHRM-SCP. Lejarza HR Consulting provides Recruitment, Training and Consulting services to small to medium sized businesses in all the states and in Puerto Rico. All services provided by Lejarza HR Consulting are also provided in both languages, English and Spanish and can be customized to fit each individual organization.

    Ms. Lejarza also works a Human Resources Generalist for Walgreens Distribution Center in Williamston South Carolina. She is a business partner/faculty member of HRCertification.com, Complianceonline.com and ComplianceWorld.com. Ms. Lejarza is a member of the National Society for Human Resources Management, the Greenville Society of Human Resources Management, the Anderson Society of Human Resources Management and the Greenville American Payroll Association.

Location: 

Lexington, Kentucky

Comfort Suites

3060 Fieldstone Way

Lexington, KY 40513

859-296-4446