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ADA, FMLA, and Workers'
Compensation: In Depth |
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Monday, July 19, 2004 |
Faculty |
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Four Points by
Sheraton Hyannis Resort, Hyannis, Cape Cod, Massachusetts |
Schedule |
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Summary |
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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.
Attendees will participate in frank discussions and problem solving
exercises. They will take away practical, valuable advice which they can
use immediately. The learning methodology features interactive lectures
and hands-on case studies and exercises. |
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What Will You
Accomplish By Attending? |
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At the completing of this
seminar you will be able to: |
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Understand when and how an employee's situation is
covered by the ADA, the FMLA, and the state workers' compensation
statutes,
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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,
- Work through complex cases including multiple employment-related
legal issues, and
- Develop cost-effective, defensive best practices.
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Distinguished
Faculty |
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Adam P. Forman, Esquire, is a partner of Testa,
Hurwitz & Thibeault, LLP and Chair of the Labor and Employment Practice
Group. He represents management in discrimination and wrongful discharge
litigation, non-competition agreements litigation, traditional labor
work and the development of employee relations system. Mr. Forman speaks
on matters relating to labor and employment law and has written for a
variety of publications, including CCM: The American Lawyer's
Corporate Counsel Magazine, Outside Counsel and the Boston
Business Journal. He is a member of the American Bar Association,
the Boston Bar Association and the Massachusetts Bar Association. Mr.
Forman received his law degree, cum laude, from Georgetown
University Law Center in 1987 and his bachelor's degree, with high
distinction, from Pennsylvania State University in 1984 as a member
of Phi Beta Kappa. Mr. Forman was admitted to the Pennsylvania bar
(1987); the Massachusetts Bar (1992); the U.S. District Court, Eastern
District of Pennsylvania (1987); the U.S. District Court, District of
Massachusetts (1992); the U.S. Court of Appeals, Third Circuit (1990)
and the U.S. Court of Appeals, First Circuit (1994). |
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Tuition |
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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.
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Continuing Education
Information |
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Click
here for Continuing Education
Information.
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Schedule |
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Monday,
July 19, 2004 |
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7:00-8:00 |
Registration
and Continental Breakfast
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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.
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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. |
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9:30-10:45 |
The
ADA: 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
session will also include an explanation of the issue of employees being
"regarded as" or having a "record of being" disabled. This session will
also 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. |
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10:45-11:00 |
Break
and Networking Opportunity |
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11:00-12:00 |
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. |
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12:00-1:00 |
Lunch
(Provided with Faculty) |
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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? |
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2:00-3:00 |
Part One of Interactive
group activity: Review of hypothetical
scenarios involving the ADA, FMLA, and Workers' Compensation. Topics
include: Injury or disability? What is the proper response to an
employee's request for leave? Can this disabled/injured/ill employee's
employment be terminated? How much does the employer need to spend on an
accommodation? |
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3:00-3:15 |
Break and Networking Opportunity |
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3:15-4:15 |
Part Two of Interactive group activity: Responding to
the complex challenges of the workplace: analysis of tough hypotheticals
to navigate treacherous ADA, FMLA, and Workers' Compensation waters. |
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4:15-4:30 |
Wrap-up: Concluding remarks and final question
and answer session |
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