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New Jersey: 2020 FMLA Master Class

New Jersey: 2020 FMLA Master Class

Product Code: FNJ11172020


1st Attendee $549.00*
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Save $100.00$449.00 each

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$549.00
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For questions or group discounting, please contact our sales team at EventSales@BLR.com or call 800-274-6774 ext. 8996.

2020 FMLA Master Class: New Jersey
Advanced Skills for Employee Leave Management

On-Site Seminar:
Newark, New Jersey | Tuesday, November 17, 2020

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! 

The 2020 FMLA Master Class: New Jersey will teach you how to apply essential Family and Medical Leave Act (FMLA) compliance principles to successfully navigate tricky FMLA-related compliance waters, so you can consistently make the right call as to FMLA eligibility, notice and medical certifications, how to control and prevent FMLA abuses, and overall avoid expensive mistakes that could lead to lawsuits and costly fines.

Employee leave management is one of the biggest ongoing challenges for HR professionals. There are voluminous Department of Labor (DOL) regulations to grapple with and a steady stream of new federal court rulings on FMLA interference and retaliation being handed down each year. Led by experienced labor and employment attorneys, this class provides intensive instruction to help you master real-life FMLA challenges with insights into recent rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—you’ll learn actionable examples on how to legally handle tricky FMLA issues that come up in daily work life.

This all-day workshop, which includes ample time for discussion, will provide you with comprehensive instruction on:

  • New and existing FMLA regulations
  • The latest FMLA-related court rulings
  • How to solve every day FMLA administration challenges concerning:
    • leave requests and FMLA eligibility;
    • medical certifications;
    • intermittent and reduced schedule leave;
    • employee performance issues and discipline;
    • how to count FMLA leave during holidays and plan for office shutdowns;
    • the intersection of FMLA with disability laws, such as the Americans with Disabilities Act and state workers’ compensation law;
  • And more!

*BLR is carefully monitoring the COVID-19 situation and reviewing recommendations from the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO). This masterclasss is scheduled to be held as planned and we look forward to welcoming you to New Jersey.

 

"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 Labor 

Master Class Agenda

Registration 
7:30 a.m.–8:30 a.m. 

Part IMastering FMLA Fundamentals 

FMLA Eligibility: FMLA Eligibility: Getting It Right  
8:30 a.m.–9:00 a.m.

Establishing employee eligibility is the critical first step in administering FMLA leave And it’s a step that’s easily overlooked in the flurry of notices and certifications that follow a request for leave. But confirming that employees are eligible to take requested leave in the first place sets the foundation for a fair and consistently applied leave program. 

This topic will also set the foundation for our program, as we’ll use this introductory session to briefly assess your current knowledge of FMLA fundamentals. We’ll also highlight recent trends and developments affecting leave and discuss how to proactively adjust your policies and practices to ensure compliance with the ever-changing regulatory, legal, and practical landscape.

We’ll cover:

  • A quick overview of FMLA basic requirements;
  • How to determine FMLA eligibility quickly and easily;
  • How the FMLA rules and related court decisions affect key definitions, such as who qualifies as a covered family member;
  • How to coordinate state and federal leave when covered family members differ; and
  • Recent trends and developments affecting leave.

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. Whether the condition is the employee’s own or that of a covered family member, employers will often need additional guidance to assess whether a condition qualifies for FMLA leave. While the regulations do provide some assistance, the medical certification is a critical resource for employers here. Understanding your rights to request certification—and to delay or deny leave when certification is incomplete or insufficient—is an empowering tool in your leave toolbox.

The DOL has proposed revisions to several model forms, which employers nationwide often use to administer FMLA leave. This session will cover the latest updates concerning the DOL’s proposed revisions and the practical impact this development could have on:

WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition;
WH-380-F Certification of Health Care Provider for Serious Health Condition of the Family Member;
WH-381 Notice of Eligibility and Rights and Responsibilities;
WH-382 Designation Notice;
WH-384 Certification of Qualifying Exigency for Military Family Leave;
WH-385 Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave; and 
WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

We’ll also discuss the process of requesting recertification in compliance with FMLA requirements, as well as the steps you must take if you wish to require a medical release for return to work (aka fitness-for-duty certification).

You’ll learn:

  • Tips and guidance for “gray area” conditions, including multiple concurrent conditions;
  • What to do when a medical certification is incomplete or unclear;
  • What to check when an employee wants leave to attend special education meetings for his or her child
  • Your options when 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; and
  • 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.

The 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
  • What to do if an employee refuses FMLA designation
  • Selecting the best 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 the Tough FMLA Issues
11:00 a.m.–12:15 p.m. 

It’s one thing to grasp individual FMLA rules, but it’s 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. What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an FMLA investigation by the Department of Labor (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
  • Tips on how to effectively manage an FMLA investigation by the DOL

Lunch (included with your registration) 
12:15 p.m.–12:45 p.m. 

All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws 
12:45 p.m.–2:00 p.m.

The 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 the FMLA. In this session, we’ll cover:    

  • How the FMLA and the Americans with Disabilities Act (ADA) interact;
  • 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 the FMLA;
  • When you can require employees to take FMLA leave concurrently with workers’ comp leave; and
  • Recent developments in state leave laws, including paid sick leave, family leave, pregnancy accommodation, and other trends.

Break
2:00 p.m.– 2:15 p.m.

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

Applying Your Knowledge
2:15 p.m.–3:30 p.m. 

During this highly interactive portion of the FMLA Master Class, your trainers, who are practicing labor and employment attorneys, will walk you through a series of scenarios demonstrating the real-life FMLA issues that stump even the most seasoned 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 the employee is not sufficient
  • The employee does not return the certification
  • The employee refuses to update the certification if the need for leave changes
  • The employee does not submit fitness-for-duty certification at the end of leave

2. Intermittent leave

  • Certification of the need for intermittent leave
  • Specific information on when leave is needed and the expected frequency and duration
  • What to do if an employee uses more leave than expected
  • Abuse of intermittent leave (Mondays and Fridays and/or before and after holidays)

3. Reduced-schedule leave

  • Certification and specific information on reduced hours and 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 before 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 the employee is on FMLA leave

6. Return to work—what to do if an employee is:

  • Not able to return to work at the 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

Part III Final Questions and Closing

Final Questions and Closing 
3:30 p.m.–4:00 p.m.

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 Newark Faculty with Genova Burns LLC

Dina M. Mastellone, Esq.Dina M. Mastellone, Esq.
Partner

Dina is the Chair of the Human Resources Counseling & Compliance Practice Group and a member of the Employment Law & Litigation and Criminal Defense, Investigations & Compliance Practice Groups. She works as a strategic and tactical business partner alongside the firm's regional and national clients, counseling them on employment matters of all kinds and establishing and auditing human resources policies, handbooks and procedures.


Brigette N. Eagan, Esq.Brigette N. Eagan, Esq.
Counsel

Brigette is a member of the Employment Law & Litigation, Human Resources Counseling & Compliance, Education Law and other Practice Groups. She focuses on employment law counseling, human resources best practices, training and litigation defense. Ms. Eagan represents employers in a broad range of employment law litigation and counseling matters with an emphasis on the Americans with Disabilities Act, Family and Medical Leave Act, discrimination, retaliation and termination issues.


Jennifer Roselle, Esq.Jennifer Roselle, Esq.
Counsel

Jennifer is a member of the Employment Law & Litigation, Labor Law and Human Resources Counseling & Compliance Practice Groups as well as the Education and Cannabis Law Industry Groups. She 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.


Justine L. Abrams, Esq.Justine L. Abrams, Esq.
Associate

Justine is a member of the Employment Law & Litigation and Human Resources Counseling & Compliance Practice Groups as well as the Cannabis and other Industry Groups. Before joining the Firm, she served as a legal intern for the Trial Division of the U.S. Equal Employment Opportunity Commission and clerked for the Hon. Joseph Paone, J.S.C.

While there, Justine worked on federal employment law matters, including the investigation of employment discrimination claims; the assessment of federal agencies’ and private employers’ compliance with Commission regulations and preparation for depositions and court proceedings.


Katherine Stuart, Esq.Katherine Stuart, Esq.
Associate

Katherine is a member of the Employment Law & Litigation and Human Resources Counseling & Compliance Practice Groups as well as the Cannabis Industry Group. She is experienced in representing plaintiffs and employers in a variety of workplace matters, including contract negotiations and employment discrimination suits in state and federal court as well as mediation and arbitration. Katherine has also extensively researched legal issues arising under federal discrimination laws including Title VII, the Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), and the Federal Housing Administration (FHA).

Program Location and Date

When: Tuesday, November 17, 2020
Where: Newark, NJ 
Law Offices of Genova Burns LLC
494 Broad Street
Newark, NJ 07102
Parking: Lot: 470-490 Broad St. Parking