ADA and FMLA Compliance Update Webinar Replay

April 9 – April 11, 2024


NELI’s ADA & FMLA Compliance Update as a Webinar Replay. The program was presented over 3 days, with 3.5 hours of instruction per day.

The replay is available until October 11, 2024.

10.5-12.25 Hours of CLE/Continuing Education Credits

The program will feature our renowned faculty and all program participants will receive a PDF copy of our updated ADA & FMLA Compliance Manual and comprehensive materials.

Topics for the Webinar include:

  • Latest statistics from the Department of Labor and its ongoing enforcement efforts
  • The Big ADA Picture
  • Update on the Definition of “Disability”
  • Developments on Whether an Individual is “Qualified”
  • Conduct Rules
  • Update on Practical “Reasonable Accommodation” Issues

Please see the agenda tab for the full schedule. The agenda and/or speakers are subject to changes.


David Fram, NELI’s ADA Training Director, Ellen McLaughlin with Seyfarth, Jeff Nowak with Littler and Sharon Rennert with the EEOC.

Re-Broadcast Fee: $945.00

How do NELI’s webinars work?

We conduct our webinars over Zoom. This Webinar will feature video and be interactive with an opportunity to submit questions throughout the program. You may participate in the webinar in real-time and/or watch the recording at your convenience.

How will we receive the login information?

You will receive an email from us with log-in instructions approximately four (4) business days prior to the Conference. Our emails can/do get caught in spam filters, please check filters for your instructions. If you do not receive the email within one (1) day of the Conference, Please contact NELI.

What if we can’t attend live?

You may watch the recording at your convenience. The “live” link will become the recording link approximately 2 hours after the conclusion of the event and you can access the Zoom recording by clicking on the “live” link.
You may also log in to your Account page on this website and view a link from your Orders. The recording is available for 6 months.

Day One: Tuesday 11:30 am – 3:15 pm (Eastern)

Latest statistics from the Department of Labor and its ongoing enforcement efforts

  • How the various paid sick leave laws affect FMLA administration, and novel issues created by COVID
  • Review of recent court decisions including cases on the importance of clear and accurate communications, the requirements of notice by the employee and the employer, particularly where the employee must report leave separately to a manager and third-party administrator, how far employers can go when requiring employees to provide notice of intermittent absences according to specific employer procedures, whether an employer can still designate FMLA-qualifying leave retroactively if the employee refuses, practical guidance on what qualifies as leave to care for a family member, the parameters for restoring an employee to the same or equivalent position, the risks of eliminating the job of an employee on FMLA leave
  • The pitfalls of contacting an employee for information while on leave and when too much contact can interfere with an employee’s FMLA leave; wage and hour considerations if a non-exempt employee works while on leave; whether an employee must be allowed to make up unpaid FMLA hours; and how to avoid employer conduct that defeats summary judgment
  • Discussion of best practices in managing the medical certification process, including how to handle vague or incomplete certification, whether any leave is FMLA protected if the certification is turned in late, the standard for employees being relieved of meeting medical certification deadlines because they are making diligent, good faith efforts, effectively utilizing recertification’s when there is suspected intermittent leave abuse, and whether/how an employer can require a medical exam upon return to work from an FMLA leave, and the duty to return an employee to work when the employer disagrees with the doctor’s fitness for duty certification
  • How to handle possible fraudulent use of leave situations and tips for managing intermittent leave

Day Two: WEDNESDAY, 11:30 am – 3:15 pm (Eastern)

The Big ADA Picture

Update on the Definition of “Disability”

  • Discussion of the continuing wave of Court of Appeals cases on the definition of “disability” under the ADAAA, including cases on whether conditions are “impairments,” new “major life activities,” how long a condition must last, and how serious the condition must be, and practical tips on how supervisors can avoid “regarding” an individual as disabled
  • Update on how COVID-19 would be analyzed in the context of whether it is a “Disability”
  • EEOC’s latest cases and positions on Disability issues

Developments on Whether an Individual is “Qualified”

  • Latest court cases and practical considerations on the meaning of “qualified,” whether employers may change job functions and quantity standards, the importance of up-to-date job descriptions, whether handling job stress, getting along with co-workers, regular attendance, overtime, and lifting are considered “essential,” and EEOC’s positions on attendance, shifts, and overtime
  • Important evidence concerning whether an individual is “qualified,” including the danger of inflated performance evaluations, inconsistent doctors’ notes, and representations by the employee in another forum
  • Update on how “qualified” questions are affected by COVID-19, including questions concerning the direct threat argument, and doctors’ notes issues
  • EEOC’s latest cases and positions on Qualified issues

Conduct Rules

  • Analysis of particular conduct rules, such as policies on drugs (including state-legalized marijuana), alcohol, violence, safety, co-worker courtesy, and tardiness
  • Whether and when discipline must be rescinded if an employee breaks a conduct rule because of a disability

Day Three: Thursday, 11:30 am – 3:15 pm (Eastern)

Update on Practical “Reasonable Accommodation” Issues

  • Update on reasonable accommodation issues, including specific questions of work-at-home, leave, and protective equipment
  • Discussion of the latest Court of Appeals cases on practical reasonable accommodation issues, including critical new cases on the meaning of “reasonable,” what technically triggers the duty to interact, when accommodations are not required, whether an employer will be “punished” for doing a “good deed” by providing more than required by the law, issues arising when an employee cannot or will not get a COVID vaccine, and particular accommodation requests such as leave (including repeated leave extensions), schedule adjustments, change of supervisors, non-competitive reassignment, work-at-home, shift changes, and a perfume-free workplace
  • EOC’s latest cases and positions on Reasonable Accommodation issues

Requesting Medical Information Under the ADA

  • Latest cases and EEOC’s policies concerning the ADA’s restrictions on medical questions and exams

There will be a 15 minute break each day.

CLE and other Continuing Education Credits

NELI’s programs are routinely approved for credit in all jurisdictions with such requirements and we expect this program to receive full accreditation. This webinar will provide between 10.5-12.25 hours of MCLE credit depending upon the jurisdiction.Participants of this program qualify for NELI’s ADAPT (ADA Professional Training) Certification for 2023.

Registrants may be required to file for credit on their own behalf in some jurisdictions. We will provide all necessary forms and proof of attendance. Credit will be given to registered participants only. NELI is an approved provider of HRCI and SHRM for recertification credit. NELI s recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.


  1. Superintendent for Labor, Cook County Forest Preserve, Chicago, IL

    Excellent, concise great overview for newcomer but helpful for experienced people as well.

  2. HR Manager, Franciscan Health Alliance Munster, IN

    The technology worked great! I miss being there in person, but this was a good next-best effort. Thanks everyone, it was a great conference!

  3. EEO Manager, IL Dept of Revenue, Springfield, IL

    I think the webinar is good overall and very informative. What makes it superior is the presenters and how well they articulate situations and address questions. NELI excels in this area. Thank you!

  4. Assoc Director, Employee Relations, Coastal Carolina University, Conway, SC

    Definitely worth the time and money! I’ve informed our legal counsel he should attend the next session because such a wealth of information is shared. THANK YOU for continuing to offer such valuable conferences!!

  5. Senior HR Manager, Erie Insurance, Erie, PA

    Very engaged presenters and valuable materials presented. I had some very good take aways, just I had when I attended the conference in person.

  6. Personnel Analyst, Anne Arundel County, Annapolis, MD

    This is the ONE webinar I always attend. The information gleaned is invaluable. Keep up the amazing work

Only logged in customers who have purchased this product may leave a review.

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  • Tracy Billows


    Tracy is the co-Managing Partner of the Chicago office and past chair of the Chicago office Labor & Employment department, concentrating her practice on representing and counseling employers throughout the country in the entire range of employment law matters. Tracy provides extensive advice and strategic guidance to clients on a wide array of Human Resources topics and issues, including policy development and review, auditing the Human Resources functions, leave and absence management, EEO compliance, reductions in force, employee relations, labor relations, performance management, discipline and discharge and various other areas, with an emphasis on instituting best practices and avoiding litigation.

  • David Fram


    David is NELI's Director of ADA Services. In this position, David conducts in-house and virtual ADA training for employers (including manufacturers, federal, state and local governments, and universities), law firms, and bar associations, among others. He also provides expert witness services during administrative proceedings and litigation.

  • Ellen McLaughlin


    Ellen is engaged in a broad-based employment law practice, with particular emphasis on federal and state court and administrative agency employment litigation. Ellen also has an extensive advice and counseling practice that focuses on avoiding litigation. She regularly consults with employers to implement nationwide practices and systems which are both legally compliant and which meet an employer’s business needs. She also acts as a company’s trusted advisor with respect to not only day-to-day employment issues, but also sensitive and high profile termination or other "bet the company" decisions and programs. Ellen is frequently retained to conduct investigations for clients relating to internal claims of discrimination, harassment, and other unlawful conduct brought by employees. In her investigations practice, she is often retained to investigate allegations involving C-suite executives, human resources, or legal department personnel as well as other highly confidential, sensitive, or politically charged matters.

  • Jeff Nowak


    Jeff has decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters so they can run the most profitable business and efficient operations without being side-tracked by discrimination claims, strikes or other workplace issues. Jeff is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues. Jeff is lauded by clients for his ability to bring a practical approach and unflappable demeanor to the most sensitive and difficult situations, always with an eye on the client’s business and operational objectives. Given his experience in leave management and workplace accommodations, Jeff regularly counsels some of the country’s largest and diverse employers on these critical employment issues.

  • Sharon Rennert

    U.S. Equal Employment Opportunity Commission

    Sharon Rennert is the senior member of the EEOC’s ADA/GINA Division, having joined the Division in January 1992. Ms. Rennert develops the Commission’s policy interpretations of the ADA and has played a key role in the drafting of many of the EEOC’s most significant publications. She took a leading role in developing the Commission’s technical assistance materials on COVID-19. Ms. Rennert wrote the EEOC’s guidance on reasonable accommodation and offers expertise on this central requirement of the ADA. In addition, she drafted the Commission’s publication on ADA issues involving employee performance and conduct. She specializes in providing private and public sector employers with practical approaches to ADA compliance. Her expertise also includes helping individuals with disabilities understand their rights and obligations.