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2017 FMLA Master Class: Minnesota - Advanced Skills for Employee Leave Management

2017 FMLA Master Class: Minnesota - Advanced Skills for Employee Leave Management

Product Code: F17MN2

1st Attendee $549.00*
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2017 FMLA Master Class: Minnesota
Advanced Skills for Employee Leave Management

On-Site Seminar:
Minneapolis, Minnesota | Tuesday, December 5, 2017

Morning Focus: Mastering FMLA Fundamentals 
Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application 

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 Minnesota Employment Law Letter has crafted a cost-effective and engaging solution: 2017 FMLA Master Class: Minnesota - Advanced Skills for Employee Leave Management. This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. Experienced New Jersey attorneys 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 instructors 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 a real judge would, 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 
  • How FMLA recordkeeping continues to trip 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 New Jersey workers’ comp laws overlap, so you can avoid violations 
  • And more!

 

"When an employer routinely disregards the FMLA rights of its workers, whole families can be harmed. We will continue to use all enforcement tools at our disposal to uphold FMLA protections for workers and make sure that all employers operate in compliance with the law."

– Wayne Kotowski, Wage & Hour Division, U.S. Department of Justice 

Master Class Agenda

7:30 – 8:30 a.m.
Registration

Grab a cup of coffee from our refreshment station, get situated, and get ready to learn!

Part I
Mastering FMLA Fundamentals 

8:30 – 9:00 a.m.
FMLA Eligibility: Granting FMLA Leave When It’s Due and Getting It Right under the Rules

Employers often neglect to take the critical first step in administering FMLA leave—determining employee eligibility. Taking defined, consistent steps in determining employee eligibility in the first place helps employers not only properly deny leave when workers don’t qualify, but also grant leave for a period that is reasonable and necessary. Additionally, eligibility for leave to care for covered family members has changed in recent years as the definition of family member has been altered by FMLA regulations, court decisions, and changes in the family structure.

In this opening session, we’ll explain these developments and how to adjust your policies and practices 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
  • The rules related to determining in loco parentis status
  • How to coordinate state and federal leave when covered family members differ


9:00 – 10:00 a.m.
Managing Serious Health Conditions and Medical Certifications 

At the heart of many FMLA leave requests is the serious health condition. The FMLA regulations do offer guidance and allow you to require medical certification, yet there are a multitude of possible reasons for needing FMLA leave. Assessing the information requires keen judgment, and this session will show you how to make these crucial calls. 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”
  • How often your employee needs to see a healthcare provider
  • 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


10:00 – 10:15 a.m.
Break

10:15 – 11:00 a.m.
Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing Claims

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 legally discharge employees who are on or just returned from FMLA leave


11:00 a.m. – 12:15 p.m.
Mastering the Tough FMLA Issues

It’s one thing to grasp individual FMLA rules, but another thing entirely to put those pieces together in the real world. For example, intermittent leave seems pretty straightforward on paper, but how employers really manage it is another story. How is intermittent leave certified and calculated? What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an FMLA investigation by the DOL? This session will help you learn:

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


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

1:15 – 2:30 p.m.
All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws

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:

  • 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 recent ADA leave cases and agency guidance
  • How to offer accommodations other than leave without violating the FMLA
  • When you can require employees to take FMLA leave concurrently with workers’ comp leave
  • The latest developments in state leave laws, including paid sick leave, family leave, and other trends


2:30 – 2:45 p.m.
Break 

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

2:45 – 4:00 p.m.
Applying Your Knowledge

During this highly interactive portion of the FMLA Master Class, our esteemed faculty of labor and employment attorneys will walk you through a series of scenarios demonstrating the real-life FMLA issues that stump even the most seasoned of HR practitioners. You’ll have the opportunity to discuss issues with your trainers and fellow attendees to determine the correct course of action to take, based on the facts presented and your knowledge of fundamental FMLA compliance principles.

Recent court rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop with the goal of providing you with actionable insights into the tricky FMLA issues that come up in daily work life.

You’ll dive deep into:

1. Addressing issues with 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 the 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


4:00 – 4:30 p.m.
Final Questions and Closing
                      

Have lingering questions about points raised during this intensive FMLA hypo-driven 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 Master Class Faculty: Attorneys with Minnesota's Felhaber Larson 

Penelope (Penny) PhillipsPenelope (Penny) Phillips
Penelope (Penny) Phillips focuses exclusively on counseling and representing employers in all areas of employment law, including FMLA, wage and hour, employment discrimination claims (including gender, age, religion, disability, national origin, and race), defamation, whistleblower, breach of contract and wrongful discharge. She also investigates complaints of employee misconduct (including harassment and offensive behavior). Penny has worked with and practiced before the state and federal courts, various state and federal agencies, including the Department of Labor, the Equal Employment Opportunity Commission, and state and local fair employment practices agencies.

Penny is also a frequent teacher and trainer on employment issues. She provides ongoing training to employers, managers, human resource personnel and other lawyers on matters such as the FMLA, ADA, wage and hour laws, hiring and firing, sexual and unlawful harassment, discrimination, conducting investigations, alcohol and drug testing, and reductions-in-force. She has spoken to companies and organizations throughout Minnesota, the Midwest, and the United States.


Grant CollinsGrant Collins
Grant Collins practices in both employment law and traditional labor law. On the employment side, he defends complex wage-and-hour lawsuits, including resisting class certification, and advises clients on issues of termination, severance, and compliance. Grant’s traditional labor practice involves advising clients on a variety of labor-related issues, including the recent phenomenon of employee social media use, responding to unfair labor practice charges, and handling grievance arbitrations.

Grant stays current on labor and employment law by serving as co-editor of Minnesota Employment Law Report, an up-to-the-minute blog on the latest developments in labor and employment law in Minnesota and throughout the country. Through this work and his professional experience, he is a frequent commentator in the news media on labor and employment cases.


Dennis MerleyDennis Merley
Dennis Merley’s 30-plus years of employment law practice has concentrated on counseling and risk prevention. He advises management on a broad range of work place issues to help clients his maintain compliance, avoid liability and manage effectively.

Dennis is the founder and Editor of Minnesotaemploymentlawreport.com, an award winning blog on critical employment law issues. Dennis is also a co-editor of the “Minnesota Employment Law Letter,” a monthly review of new and important legal developments affecting Minnesota employers.

Dennis also directs the Felhaber Larson social media program and seminar activities to maintain and expand the Firm’s long-standing reputation as a thought leader in the employment community.

Program Location and Date

When: Tuesday, December 5, 2017
Where: 
Earle Brown Heritage Center
6155 Earle Brown Drive
Minneapolis, MN 55430
763.569.6300

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