Due to COVID-19, NELI will be altering the format of this year’s ADA & FMLA Compliance Update to be a LIVE WEBINAR Conference. The program will be presented over 3 days, with 3.5 hours of instruction per day.
NOTE: NELI has reduced the price of the program because we are able to offer it in webinar format.
You may participate "live" and/or watch the recording at your convenience. The recording is available for 90 days.
The program will feature our renowned faculty and a PDF copy of our comprehensive materials.
DAY ONE: WEDNESDAY: 11:30 am - 3:15 pm (Eastern)
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marijuana), alcohol, violence, safety, co-worker courtesy, and tardiness ∙ Whether and when discipline must be rescinded if an employee breaks a conduct rule because of a disability
DAY TWO: THURSDAY: 11:30 am - 3:15 pm (Eastern)
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, 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 ∙ 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, about COVID antibodies and other issues. ∙ Latest cases and EEOC’s policies concerning the ADA's restrictions on medical questions and exams
DAY THREE: FRIDAY: 11:30 am - 3:15 pm (Eastern)
FMLA Issues and New “Families First” FMLA and Paid Sick Leave Law ∙ Update on COVID-19 questions arising under the FMLA and discussion of the status of FFCRA and interplay with State and Local COVID-19 paid leave laws ∙ Discussion of likely DOL priorities in the Biden administration, the latest Advisory Opinion letters from DOL and general enforcement issues, 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 allowing an employee to work while on leave or to make up time, 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 ∙ 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 2021 ADA & FMLA Compliance Manual
This program will provide between 10.5-12.25 CLE/CEU hours, depending upon the jurisdiction.
There will be a 15 minute break each day.
The agenda and/or speakers are subject to changes.
REGISTRATION FEE SCHEDULE:
Registrations received by March 12
Early Registration Fee: $795.00
Registrations received after March 12
Registration Fee: $895.00
HOW DO WEBINARS WORK?
Webinars are convenient. You participate in the entire conference from your office or home using your computer and your log-in information. This Webinar will feature video and be interactive with an opportunity to submit questions throughout the program.
HOW WILL WE RECEIVE THE LOG-IN and MATERIALS INFORMATION?
You will receive an email from us with a link to download the PDF and log-in instructions approximately 3 business days prior to the start date. If you do not receive the email within two (2) days of the Webinar, Please contact NELI
CLE AND OTHER CONTINUING EDUCATION CREDIT
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. 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. NELI is an approved provider of HRCI and SHRM for recertification credit. Credit will be given to registered participants only. Please contact NELI for more information.
Participants of this program qualify for NELI’s ADAPT (ADA Professional Training) Certification for 2021.