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New Jersey: 2019 FMLA Master Class

New Jersey: 2019 FMLA Master Class

Product Code: FNJ05212019


1st Attendee $549.00*
Additional Attendee(s)
Save $100.00$449.00 each

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$549.00
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2019 FMLA Master Class: New Jersey Advanced Skills for Employee Leave Management

On-Site Seminars: 
Parsippany, NJ | Tuesday, May 21, 2019
      
Morning Focus: Master FMLA Essentials to Make Sure Your Knowledge Foundation is Up to Date 
Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application

Lunch is included with your registration! 

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 New Jersey's  Employment Law Letter has crafted a cost-effective and engaging solution: 2019 FMLA Master Class: New Jersey - Advanced Skills for Employee Leave Management. This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. An experienced Washington D.C. attorney 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 instructor 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 judges do, 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 
  • Where FMLA recordkeeping trips 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 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

Registration 
7:30 a.m.–8:30 a.m. 

Part IMastering FMLA Fundamentals 

FMLA Eligibility: Granting Leave When It’s Due and Getting It Right  
8:30 a.m.–9:00 a.m.
Could you be missing critical first steps in managing FMLA leave—determining employee eligibility? A defined, consistent process helps you not only deny leave when employees don’t qualify, you’ll grant leave for a period that is reasonable and necessary when they do.  In this opening session, gain new insights on eligibility determinations and recent trends and developments affecting leave. You’ll be armed to adjust policies and practices in 2019 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
  • Rules related to determining in loco parentis status
  • How to coordinate state and federal leave when definitions of “covered family member” differ


Managing Serious Health Conditions and Medical Certifications 
9:00 a.m.–10:00 a.m.
At the heart of many FMLA leave requests is the serious health condition. The regulations do offer some guidance and allow you to require medical certification, yet there are a multitude of reasons for needing time off. Assessing those reasons requires keen judgment, and this session will show you how to make the right call. 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”
  • 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


Break 
10:00 a.m.–10:15 a.m. 

Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing Claims 
10:15 a.m.–11:00 a.m.
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 manage employee leave without risking claims of interference
  • How to legally discharge employees who are on or just returned from FMLA leave


Mastering Tough FMLA Issues 
11:00 a.m.–12:15 p.m.
It’s one thing to understand FMLA rules, but another thing entirely to apply them in the real world. For example, intermittent leave seems pretty straightforward, but what about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? How do you handle an investigation by DOL? This session will show you:

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


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

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

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


Break
2:30 p.m.– 2:45 p.m.


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

Applying Your Knowledge
2:45 p.m.–4:00 p.m.
In this highly interactive portion of the FMLA Master Class, your faculty of labor and employment attorneys will walk you through a series of scenarios illustrating real-life FMLA issues that stump even the most seasoned of HR practitioners. You’ll discuss case-studies with the lawyers and fellow attendees to determine the correct course of action, based on the facts and FMLA compliance principles.

Recent court rulings, long-standing precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop to provide actionable guidance on tricky FMLA challenges facing HR and employers in 2019. We’ll dive deep into:

1. 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 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


Final Questions and Closing 
4:00 p.m.–4:30 p.m.
Have lingering questions about points raised during this intensive FMLA 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 New Jersey Faculty with the law firm of Genova Burns LLC

Dina MastelloneDina M. Mastellone
Ms. Mastellone is the Chair of the Employment Law Counseling & Compliance Practice Group and a Partner in the Employment Law & Litigation Group. She is an active strategic and tactical business partner with the firm’s clients, providing employment law counseling and establishing and auditing human resources policies and procedures. She has extensive experience conducting training sessions for businesses and human resources organizations on matters ranging from anti-harassment and diversity policy compliance, best human resourcespractices, documentation, and discipline, to leaves of absences in accordance with federal, state and local employment laws. Ms. Mastellone also routinely conducts harassment and whistleblower investigations.

Ms. Mastellone is also a frequent lecturer and panelist on employment law topics at industry seminars and New Jersey State Bar Association (NJSBA) events and presents webinars and live training sessions to human resources professionals and in-house counsel on a wide variety of topics across various industries.

Ms. Mastellone is a Past Chair of the Women in the Profession Section (WIPS) of the NJSBA and previously served as the Chair, Chair-Elect, Vice Chair, Secretary and Trustee for WIPS. Ms. Mastellone is also an Executive Board Member of the New Jersey Women Lawyers Association serving as co-Chief Financial Officer, previously serving as the Co-Secretary, Co- Director of Gala Committee and Co-Director of the Judicial Outreach Committee. In 2016, 2017 and 2019, Ms. Mastellone was recognized as one of the “Top 50 Women” in New Jersey by Super Lawyers. From 2015-2019, she was recognized as a “Super Lawyer” and as a “Rising Star” in Employment Litigation Defense in 2010 and 2011. In 2018, Ms. Mastellone was named as an NJBIZ Best 50 Women in Business and in 2017, she received the Excellence in Achievement Award from the Rodino Society of Seton Hall University Law School, in recognition of her outstanding leadership, compassion, integrity, and service to the cause of attorney professionalism and equality. From 2008 to 2011, she served as an Investigator for the Supreme Court of New Jersey District V-B Ethics Committee. 

Brigette EaganBrigette N. Eagan, Esq.
Ms. Eagan, Counsel, is a member of the Employment Law Counseling & Compliance Group and specializes in employment law counseling, human resources best practices training and defense litigation. She provides training and consultation to in-house counsel, Human Resource professionals and supervisors on managing the employment experience, including hiring practices, termination procedures, wage and hour issues and leaves of absence. She represents employers in the defense of claims including race, age, national origin, religion, disability, gender or sexual orientation discrimination, sexual harassment, wrongful termination, retaliatory discharge, and “whistleblower” allegations, in State and Federal Courts and before administrative agencies. 

Ms. Eagan also regularly presents seminars on various labor and employment matters ranging from discrimination and retaliation claim avoidance to managing employee leaves of absence, including continuing legal education seminars (CLE) for attorneys and HR professionals.

Jennifer RoselleJennifer Roselle
Ms. Roselle is Counsel in the Firm's Newark, NJ office and a member of the Employment Law & Litigation and Labor Law Practice Groups as well as the Education and Cannabis Law Industry Groups. Ms. Roselle has experience in all areas of labor, employment and education law, including advising clients on employment discrimination; contract interpretation and negotiation; tenure and seniority; personnel policies; scope of negotiations; employee training, employment
counseling and collective bargaining at all levels including mediation and fact finding, arbitration and litigating unfair practice charges.
Ms. Roselle counsels management regarding Federal and New Jersey wage and hour law compliance, including record-keeping and overtime requirements plus appearing on behalf of management before the N.J. Department of Labor; provides management with counseling and training regarding the employment experience, including hiring practices, labor relations, employee rights under Federal and New Jersey law, union grievances, leaves of absence, and
employee discipling; regularly counsels clients concerning labor relations, union grievances and employee discipline, and represents management in grievance hearings, disciplinary hearings and all types of administrative procedures before state agencies; and conducts independent investigations following employees’ complaints of discrimination, harassment or hostile work environment. Ms. Roselle has also been listed as a “Rising Star” by New Jersey Super Lawyers.

Justine AbramsJustine L. Abrams, Esq.
Justine L. Abrams is an Associate in the Employment Law & Litigation, Employment Law Counseling & Compliance and Cannabis Law Practice Groups. Ms. Abrams clerked for the Honorable Joseph Paone, J.S.C. in the Superior Court of New Jersey, Middlesex Vicinage and
served as a legal intern for the Trial Division of the United States Equal Employment Opportunity Commission. While with the Commission, Ms. Abrams became experienced in the area of federal employment law, including the investigation of discrimination claims and
evaluation of personnel files. In addition to defending employers against claims of harassment and discrimination in State and Federal Courts and before administrative agencies, Ms. Abrams also regularly conducts training and seminars on various employment law topics ranging from discrimination and
retaliation claim avoidance to managing employee leaves of absence for various business groups and HR professionals. Ms. Abrams was recognized as a “Rising Star” in Employment Litigation Defense by New Jersey Super Lawyers in 2019.


Katherine StuartKatherine Stuart, Esq.
Katherine Stuart is an Associate and a member of the Employment Law & Litigation, Employment Law Counseling & Compliance and Cannabis Law Practice Groups. Ms. Stuart is experienced in representing employers in a breadth of workplace matters including contract negotiations and employment discrimination suits in state and federal court as well as mediation and arbitration. She has also extensively researched legal issues arising under federal discrimination laws. Ms. Stewart also conducts training on various employment law topics including harassment, discrimination and retaliation claim avoidance for firm clients and HR professionals. She received her Juris Doctor from Emory University School of Law and her Bachelor of Arts from Rutgers University. During law school, Ms. Stuart received a Pro Bono Fellowship as
well as an Emory Law School Merit Scholarship. She was also an Editor for the Emory Bankruptcy Developments Journal.

Program Location and Date

When: Tuesday, May 21, 2019
Where: Hyatt House Parsippany East
299 Smith Road
Parsippany, NJ 07054
Venue Contact: Dijulio, Suzanne suzanne.dijulio@hyatt.com  
Parking: Self-Parking

 

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