ADA & FMLA Compliance Update - Webinar

Webinar,       April 22-24, 2020


Due to the extraordinary circumstances caused by COVID-19, NELI will be altering the presentation format of this year’s ADA & FMLA Compliance Update to be a LIVE WEBINAR Conference with video rather than the in-person meeting. The program will be presented over 3 days, with 3.5 hours of instruction per day.

You may participate "live" and/or watch the recording at your convenience. Please email us with questions at

The program will feature our renowned faculty and our comprehensive materials. Participating faculty members include:

David Fram (Program Chair), Paul Buchanan, Jeanne Goldberg, Ellen McLaughlin, Jeff Nowak, Sharon Rennert

SESSION 1: Disability, Qualified, Conduct and Related COVID-19 Issues

Wednesday, April 22: 11:30 am - 3:00 pm (Eastern) (with one 15-minute break)

  • The big ADA picture, including how COVID-19 fits into this context

  • Update on the Definition of "Disability"

    ∙ Update on how COVID-19 would be analyzed in the context of whether it is a “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

    ∙ EEOC’s latest cases and positions on Disability issues, including COVID-19 questions

  • Developments on Whether an Individual is "Qualified”

    ∙ Update on how “qualified” questions are affected by COVID-19, including questions concerning the direct threat argument, and doctors’ notes issues

    ∙ 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

    ∙ EEOC’s latest cases and positions on Qualified issues, including COVID-19 questions

  • 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

    SESSION 2: Reasonable Accommodation and Related COVID-19 Issues

    Thursday, April 23: 11:30 am - 3:00 pm (Eastern) (with one 15-minute break)

  • Update on Practical "Reasonable Accommodation" Issues

    ∙ Update on COVID-19 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, 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

    ∙ EEOC’s latest cases and positions on reasonable accommodation issues, including COVID-19 questions

  • Requesting Medical Information Under the ADA

    ∙ Update on the myriad of COVID-19 questions, including asking employees about symptoms, about family members, taking employees’ temperatures and other issues.

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

    SESSION 3: FMLA Issues and the New “Families First” Law

    Friday, April 24: 11:30 am - 3:00 pm (Eastern) (with one 15-minute break)

  • FMLA Update

    ∙ Update on COVID-19 questions arising under the FMLA and discussion of New FMLA/Paid Sick Leave Law

    ∙ Discussion of the latest Advisory Opinion letters from DOL and general enforcement issues, how the various paid sick leave laws affect FMLA administration, review of recent court decisions including cases on the importance of clear and accurate communications, coverage and eligibility issues, the requirements of notice by the employee and the employer, such as whether employers must send FMLA notices so that receipt is verifiable, 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 meaning of “equivalent position,” the risks of eliminating the job of an employee on FMLA leave, the pitfalls of allowing an employee to work while on leave, and how to avoid employer conduct that defeats summary judgment

    ∙ Discussion of best practices in managing the medical certification process including how to handle an employee who states that the return to work date is “unknown” or the certification is otherwise vague, the duty to return an employee to work when the employer disagrees with the doctor’s fitness for duty certification, whether any leave is FMLA protected if the certification is turned in late, what is the standard for employees being relieved of meeting medical certification deadlines because they are making diligent, good faith efforts, effectively utilizing recertifications 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

    ∙ Tips for managing intermittent leave abuse including fraudulent use of leave and the good faith, honest belief defense

    All program participants will receive a PDF copy of our updated 2020 ADA & FMLA Compliance Manual

    This program will provide between 9.75-12 CLE/CEU hours, depending upon the jurisdiction. NELI is an approved provider of HRCI and SHRM for recertification credit.

    Participants of this program qualify for NELI’s new ADAPT (ADA Professional Training) Certification for 2020.

    Registration Fee: $795.00

  • HR Certification Institute SHRM Recertification Provider