FMLA and ADA Compliance Certificate Program: Everything You Ever Wanted to Know: 2-Day In-Person Seminar

By: Elga Lejarza, SPHR, SHRM-SCP, President Lejarza HR Consulting
Location :- Wingate by Wyndham Greenville Airport, SC | Thursday, January 3, 2019 | Friday, January 4, 2019

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Course 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

Course Outline:

Day One (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 Two (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

Meet Your Instructor

Elga Lejarza
Elga Lejarza
SPHR, SHRM-SCP, President Lejarza HR Consulting

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.

Venue

Location :

Wingate by Wyndham Greenville Airport
33 Beacon Drive
Greenville, SC 29615, USA
Tel: +1-800-337-0077

January 3-4, 2019



How to Reach

General Driving Directions:

Driving directions from Greenville–Spartanburg International Airport: 4.5 miles
  • Depart toward Aviation Pkwy
  • Keep straight onto Aviation Pkwy
  • Keep straight onto road
  • Take ramp right for I-85 South toward Greenville
  • At exit 54, take ramp right and follow signs for Pelham Rd
  • Turn right onto Pelham Rd
  • Turn left onto E Beacon Rd
  • Turn right onto Beacon Dr
  • Arrive at Beacon Dr on the right

Disclaimer: Directions to the venue above have been taken from the hotel website. Attendees are advised to check with the hotel for confirmation of these directions before starting for the venue. GRC Seminars is not responsible for any inaccuracies in the same.
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January 3-4, 2019, Greenville, SC

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Local Attractions of Greenville, SC:

Falls Park on the Reedy
Falls Park on the Reedy is a 32-acre park adjacent to downtown Greenville, South Carolina in the historic West End district. Considered the birthplace of Greenville, the park was founded in 1967 when the Carolina Foothills Garden Club reclaimed 26 acres of land that had been previously used by textile mills. Renovation accelerated in the late 1990s under Mayor Knox H. White, prompting the formation of the Falls Park Endowment, a private charity supporting ongoing development. Each summer the park is home to the Upstate Shakespeare Festival. The park's most striking feature is a unique pedestrian bridge that curves around a waterfall on the Reedy River. Named the Liberty Bridge at Falls Park on the Reedy, the 355-foot long suspension bridge is supported by cables on only one side, giving an unobstructed view of the falls.

Greenville County Museum of Art
The art collections in Greenville County Museum of Art (GCMA) focus mainly on American art. Its holdings include works by Andrew Wyeth, Josef Albers, Jasper Johns, Andy Warhol, Romare Bearden, Jacob Lawrence, Ronnie Landfield, Helen Turner, Mary Tannahill, Eric Fischl, Marylyn Dintenfass, and Leon Golub. Southern American and South Carolina-based artists, such as Henrietta Johnston, are also represented. William Melton Halsey, an abstract painter from Charleston, had a mid-career retrospective at the museum in 1972 with an accompanying catalog by Jack A. Morris Jr. In 1999 Tom Styron, director, curated another solo exhibition of Halsey's work.

Greenville Zoo
The Greenville Zoo opened in 1960, and is located at 150 Cleveland Park Drive, near Interstate 385, on a 14-acre (5.7 ha) site within Cleveland Park. The zoo's official website states: "A typical visit would last from an hour to an hour and 30 minutes." The zoo is next to Cleveland Park, which contains picnic tables throughout the site, and offers bicycle and walking paths, tennis and volleyball courts, playgrounds for children, and several shelters available by reservation. The zoo is open daily throughout the year except for Thanksgiving, Christmas, and New Year's Day.
Lake Conestee Nature Park
Roper Mountain Science Center is located in Greenville, South Carolina. It encompasses a campus containing facilities for studying life and natural sciences, and space and physical sciences. Among its facilities are the Living History Farm, the Darell W. Harrison Hall of Natural Sciences, the Simms Hall of Science, the T.C. Hooper Planetarium, and the Daniel Observatory.

Roper Mountain Science Center
Lake Conestee Nature Park is a 400-acre park along three miles of the Reedy River in Conestee, South Carolina, with more than two miles of paved and three miles of natural surface trails. The park contains both hardwood and evergreen forest, extensive wetlands, and a rich diversity of reptiles, mammals, and birds. Over 190 bird species have been reported by the Greenville County Bird Club, and the National Audubon Society has designated the park as an Important Bird Area of Global Significance. Lake Conestee was created when the Reedy River was dammed at the Conestee Mill in about 1892. At its largest, the lake covered about 130 acres.