ADA, FMLA, and Workers' Compensation:  In Depth

Monday, July 21, 2003

 Faculty

Sheraton Hyannis Resort, Hyannis, Cape Cod, Massachusetts

 Schedule

Summary

At this unique preconference, you will be provided with an in-depth learning experience covering the legal topics that all occupational health professionals must deal with on a daily basis.

What Will You Accomplish By Attending?

Following participation in the conference, you will be able to:

  • Understand when and how an employee's situation is covered by the ADA, the FMLA, and the state workers' compensation statutes,

  • Understand the employer's obligations under the ADA, the FMLA and the state workers' compensation statutes,

  • Develop and use an understanding of how those laws interact and impact an employer's decision-making process when dealing with employees,
  • Identify and diagnose ADA, FMLA, and WC issues,
  • Develop early prevention strategies,
  • Implement cost-effective techniques for reducing legal exposure,
  • Effectively manage problematic and difficult cases,
  • Work through complex cases including multiple employment-related legal issues, and
  • Develop cost-effective, defensive best practices.

Distinguished Faculty
Rachel Ellen Lutner, Esquire, is a trial attorney in the Chicago office of Duane Morris, where she focuses her practice on labor and employee relations, employment discrimination, and employment dispute resolution. Attorney Lutner has defended claims involving employment discrimination, sexual harassment, wage disputes, unfair competition, consumer fraud, and deceptive practices in federal and state court, and in federal and state agencies across the United States. She has represented and counseled corporate clients on employee issues involving hiring, terminations, performance reviews, "problem" or litigious employees, compliance with FMLA, Title VII, ADA, ADEA and other laws, reductions-in-force and mass layoff, and creation and implementation of early retirement programs. In addition to investigating problems arising from employee dissatisfaction and assisting her clients in implementing programs to reduce turnover, Attorney Lutner has conducted sexual harassment and internal investigations, and has led management and employee group training sessions on harassment, workplace policies, and human resources functions. Attorney Lutner has written agreements and handbooks, including employment agreements, employee handbooks and policies, settlement agreements, non-compete and confidentiality agreements, trademark license agreements, assignments, software development, independent contractor and work-for-hire agreements. Ms. Lutner earned her Juris Doctor, magna cum laude, from the University of Illinois College of Law. She obtained her BA from Carleton College.

Tuition

The tuition of $295.00 will include a seminar manual, continental breakfast, all sessions, seminar proceedings, and exceptional networking opportunities. This investment should result in multifold returns.  Click here for registration information.

Continuing Education Information

Click here for Continuing Education Information.

Schedule
 

Monday, July 21, 2003

7:00-8:00

 Registration and Continental Breakfast

8:00-8:15

 Introduction: Why we need an in depth understanding of these issues: Workplace morale, employee retention, defensive employee relations, management, cost control, and other important considerations.

8:15-9:30

 The FMLA:  An Overview and hot topics
An overview and hot topics: Attendees will learn eligibility issues, intermittent leave, designation of leave as FMLA covered, denial of leave, medical certification of leave, and employee notice of health care condition. In addition, FMLA leave will be distinguished from Workers' Compensation leave, and the relationship between the two will be discussed. The second half of this session will involve presentation and group analysis of real situations presented in cases decided by the courts under the FMLA.

9:30-10:15

 The ADA:  An Overview of the law
An overview of the law: Attendees will learn how to determine if an employee has a disability (Does he have an impairment? Does it affect a major life activity? Is the major life activity substantially limited?) and what conditions have been determined not to be disabilities. This second part of this session will also include an explanation of the issue of employees being "regarded as" or having a "record of being" disabled. The third part of this session will consist of an explanation of whether an employee with a disability is qualified for the job in question, and how to determine what functions (attendance, mental stability, walking, travel, lifting, staying awake, etc.) of a job are essential (and the disabled employee must be able to perform them).

10:15-10:30

 Break and Networking Opportunity

10:30-11:10

 The ADA Continued:  Making reasonable accommodations
What is reasonable? How much can a "reasonable" accommodation cost? Is an employer required to place employees on leave or on part-time schedules as part of a reasonable accommodation? Finally, ADA concerns will be distinguished from Workers' Compensation issues, and the relationship between the two will be discussed.

11:10-12:00

 Interactive group activity: ADA and FMLA,hypotheticals,discussion, and analysis.

12:00-1:00

 Lunch (Provided with Faculty)

1:00-2:00

 The interrelationship between the ADA, FMLA, and Workers' Compensation:  How do you know which law(s) you are dealing with? Can an employee's request for a leave be covered by more than one law? When can you request additional information or a second opinion?

2:00-3:00

 Interactive group activity:  Quiz and discussion on the ADA, FMLA, and Workers' Compensation. Topics include: Injury or disability? What is the proper response to this employee's request for leave? Can this disabled/injured/ill employee's employment be terminated? Does the employer need to spend $35,000 on an accommodation to bring back a $25,000 salaried employee?
3:00-3:15 Break and Networking Opportunity
3:15-3:40 Defensive best practices:  How to prevent a workers' compensation case from becoming a case of employment litigation and how to minimize legal risk in handling complex personnel issues (termination, discipline, job reorganization) relating to employees whose situations raise questions under the FMLA, ADA, and Workers' Compensation statutes.
3:40-4:30 Interactive group activity:  Responding to the complex challenges of the workplace: analysis of tough hypotheticals to navigate treacherous ADA, FMLA, and Workers' Compensation waters.

 
SEAK in Hyannis -- July 2004
       
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