2008 Agenda 

Thursday, June 12, 2008
7:30 am	8:30 am	Continental Breakfast and Master Class Registration
8:30 am	11:30 am	Choose 1 of 2 Master Classes
		Master Class #1: Strategies for Reducing the Chaos and Surviving Intermittent Leave (H8827003)
		Master Class #2: ADA Essentials: Understanding the Fundamentals of the Americans with Disabilities Act and How It Interacts with the FMLA (H8827004)
11:30 am	12:30 pm	Light Lunch and Conference Registration
12:30 pm	12:45 pm	Opening Remarks from the Chair
12:45 pm	1:45 pm	KEYNOTE SESSION: Eligibility, Expansions, Proposed Regulations, and Emerging Trends on the Horizon
1:45 pm	2:45 pm	Managing Employee Certification and Notification Requirements: Handling Reluctant Employees, Incomplete Paperwork, and Other Notification Conundrums
2:45 pm	3:00 pm	Break
3:00 pm	4:30 pm	Fraud: Successfully Preventing and Managing FMLA Misuse and Abuse
4:30 pm		Day One Concludes
Friday, June 13, 2008
7:30 am	8:30 am	Continental Breakfast
8:30 am	9:30 am	KEYNOTE SESSION: Preventing Intermittent Leave from Making Your Organization Sick
9:30 am	10:30 am	Handling Difficult Benefits Issues for Employees on Leave
10:30 am	10:45 am	Break
10:45 am	11:45 am	Preventing the Most Common FMLA Mistakes to Minimize Your Liability Risks
11:45 am	12:40 pm	Managing Employee Leaves of Absence to Reduce the Impact
12:40 pm	1:30 pm	Networking Lunch
1:30 pm	2:25 pm	Avoiding the FMLA and Employment Law Overlap Trap
2:25 pm	3:20 pm	Preventing FMLA Interference and Retaliation Claims: What to Do Now to Avoid Problems Later
3:20 pm	3:35 pm	Break
3:35 pm	4:35 pm	What to Do When Leave Is at an End: Effectively Handling Employee Separations or Return to Work
4:35 pm		Conference Concludes
8:30 am Master Class #1: Strategies for Reducing the Chaos and Surviving Intermittent Leave (H8827003) Managing intermittent leave is one of the biggest challenges for employers. From tracking to scheduling, intermittent leave can cause chaos for an organization. This in-depth workshop will focus on best practices and successful strategies to take control of intermittent leave in your organization. Certification requirements for intermittent leave: Asking the right questions Minimizing disruption arising from intermittent leave: Employee scheduling and job transfers Tracking intermittent leave: Conquering a huge challenge for employers Recertification as a tool to minimize intermittent-leave abuse: When do repeated requests cross the line into interference or retaliation? Policies your organization should have in place to prevent intermittent-leave abuse What to do when you suspect misuse or abuse of intermittent leave Avoiding the most common intermittent-leave mistakes Employee wellness: One thing your organization can do to help minimize the use of intermittent leave Elayna J. Youchah, Esq., Shareholder BROWNSTEIN HYATT FARBER SCHRECK, P.C. Back
8:30 am Master Class #2: ADA Essentials: Understanding the Fundamentals of the Americans with Disabilities Act and How It Interacts with the FMLA (H8827004) The ADA is a confusing law in itself, and when you add in the FMLA it is enough to make the bravest HR managers want to go out on their own leave. This session will explore the crossover potentials between the ADA and the FMLA and examine the ways you can avoid stepping on a land mine. Deciphering the difference between FMLA "serious health conditions" and ADA "disabilities" Preventing incorrect leave designations: Working with leave requests under the FMLA and ADA Solving perplexing return-to-work issues without violating the ADA or FMLA: Fitness for duty, accommodations, and more Taking full advantage of employers' rights under the ADA and FMLA Minimizing the risks when an employee's serious health condition is also a disability under the ADA Why FMLA leave may not completely satisfy your ADA obligation to provide a reasonable accommodation in the form of leave Complying with the requirements of the ADA and FMLA when transferring an employee on intermittent leave to an alternative job or offering an employee a light-duty job as a reasonable accommodation Anthony L. Hall, Esq., Shareholder HALE LANE PEEK DENNISON AND HOWARD Dora V. Lane, Esq., Attorney HALE LANE PEEK DENNISON AND HOWARD Back
12:30 pm Opening Remarks from the Chair Kathleen M. Paustian, Esq., Partner GONZALEZ SAGGIO & HARLAN, LLP Back
12:45 pm KEYNOTE SESSION: Eligibility, Expansions, Proposed Regulations, and Emerging Trends on the Horizon With the current military expansions to the FMLA, the DOL putting the FMLA on their regulatory agenda and the 2008 elections on the horizon, there could be changes in the FMLA's future. Take a look at the future of the FMLA with our knowledgeable specialists. Military families and the FMLA: The impact on employers of the new FMLA expansion for military families Taking a look at the DOL proposed regulations: What you can expect Pending changes to the FMLA: Will the 2008 elections mean further expansion to the FMLA Paid leave law: Will it happen? Using recent court decisions to develop future policies Emerging trends to prepare for in 2008-2009 Kathleen M. Paustian, Esq., Partner GONZALEZ SAGGIO & HARLAN, LLP Back
1:45 pm Managing Employee Certification and Notification Requirements: Handling Reluctant Employees, Incomplete Paperwork, and Other Notification Conundrums Ensuring compliance with certification and notification requirements under the FMLA can be confusing. This session will give you a clear look at how to handle the most complex issues to prevent costly liability. Does a one-line note or odd behavior constitute sufficient notice of the need for leave? Taking a look at serious notification issues popping up in litigation Medical certification forms: What to look for and when to request additional information or a second or third opinion Watching the clock: Certification timing issues that can get employers into hot water Reducing FMLA liability when dealing with uncooperative employees: Employees who won't turn in paperwork, won't communicate with managers, give conflicting information, and more Avoiding legal land mines: Can you retroactively designate leave? Robert L. Rosenthal, Esq., Partner HOWARD AND HOWARD Back
3:00 pm Fraud: Successfully Preventing and Managing FMLA Misuse and Abuse Fraud, misuse, and abuse of leave are topics on the forefront for every employer. Employees who take advantage of the FMLA for their own purposes can be a frustrating and expensive problem. How can you prevent FMLA fraud? How do you investigate suspicious requests without interfering with an employee's FMLA rights? What do you do when you think an employee is abusing the system? In this session, our FMLA specialists will give you the answers to all of your fraud questions. Policies to have in place now to prevent fraud later Recognizing red flags for fraud: Patterns of absences that look suspicious, moonlighting, and employees on the cusp of disciplinary action Conducting legal workplace investigations to identify misuse and abuse of FMLA leave Curbing FMLA misuse and abuse through assertive leave management It's fraud. Now what do I do? Helen C. Adams, Shareholder DICKINSON, MACKAMAN, TYLER & HAGEN, P.C. Back
8:30 am - 9:30 am KEYNOTE SESSION: Preventing Intermittent Leave from Making Your Organization Sick When the DOL requested commentary about the FMLA, many employers responded with a common theme: The frustrations for employers dealing with intermittent leave. How can you minimize the disruption to your organization? How can you prevent intermittent leave from becoming a major pain? In this session, we will cover best practices you can put into place to ease the pain of intermittent leave. Preventing leave miscalculations for exempt, part-time, or fluctuating workweek employees to avoid the risk of FLSA problems later Getting the information you need from an employee, to know that absences are for an approved intermittent-leave purpose Minimizing schedule disruptions by temporarily reassigning employees Your rights as an employer when handling intermittent leave Kathleen M. Paustian, Esq., Partner GONZALEZ SAGGIO & HARLAN, LLP Back
9:30 am - 10:30 am Handling Difficult Benefits Issues for Employees on Leave When an employee requests FMLA leave, HR is tasked with handling certification and documentation issues and meeting the challenges of scheduling around the employee's absence. Benefits issues are often left by the wayside, but that can open you up to more liability than you may be aware. This session will answer your benefits questions and reduce your liability risks. Running paid and unpaid leaves concurrently: The pros and cons Who is responsible for maintaining health and other employee benefits while the employee is on FMLA leave? Dealing with employees on FMLA leave who fail to pay their share to maintain benefits Managing holiday pay and bonuses while an employee is on leave Do you provide salary increases to an employee who is on FMLA leave? Implementing changes in your benefit plans while an employee is on FMLA leave Coordinating COBRA notices with the expiration of an employee's FMLA leave Michael T. Gebhart, Esq., Attorney HOLLAND & HART, LLP Back
10:45 am - 11:45 am Preventing the Most Common FMLA Mistakes to Minimize Your Liability Risks Recent FMLA case law makes it clear that there are several danger areas that catch many an unwary employer. Knowing where the land mines are can put you ahead of the game in protecting your organization and yourself. Ensuring your leave and absence policies do not put you in violation of the FMLA Communicating effectively with employees to prevent confusion Just who exactly is an eligible employee anyway? Litigation may be changing the definition Uncovering common management mistakes that can get you into hot water and what you can do to prevent them: Giving employees on FMLA leave take-home work, challenges with telecommuting employees, lack of communication, and other missteps Conquering the challenges of employees with chronic health problems: Managing employees with serious health conditions When supervisors and managers can be individually liable for FMLA violations: How you can avoid the risk Wendy M. Krincek, Esq., Shareholder LITTLER MENDELSON, P.C. Andrew L. Rempfer, Esq., Attorney LITTLER MENDELSON, P.C. Back
11:45 am - 12:40 pm Managing Employee Leaves of Absence to Reduce the Impact There are times an employee may need to be out on an extended leave, or you may have several employees out intermittently. No matter what the situation, employee leave and absences can impact your organization. In this session, we will look at some ways to handle leave and absences to minimize the impact while maximizing employee retention and morale. Michael T. Gebhart, Esq., Attorney HOLLAND & HART, LLP Back
1:30 pm - 2:25 pm Avoiding the FMLA and Employment Law Overlap Trap One of the biggest challenges in managing employee leaves is ensuring that you are not only in compliance with the FMLA, but also with other laws that protect leave and absences. From the ADA to workers' comp, pregnancy leave to family caretaker discrimination, and federal law to state law, there can be an alphabet soup of laws that impact employee leave and absence. This session will give you the information you need to untangle the web of overlapping laws. Starting the untangling process: Determining which laws apply to the situation you face Understanding the different benefits and rights each law provides to employees Implementing a plan to comply with all overlapping laws concurrently What to expect when your employee is expecting (or adopting) Solving concurrent-leave and light-duty conundrums The FMLA and government employees, school systems, and other special considerations Collective bargaining and leave law Deanna L. Forbush, Esq., Partner FOX ROTHSCHILD, LLP Back
2:25 pm - 3:20 pm Preventing FMLA Interference and Retaliation Claims: What to Do Now to Avoid Problems Later What happens when problems arise in an FMLA situation? Claims of interference or retaliation can lead to costly and time-consuming lawsuits. Safeguard your organization by minimizing the risk of employee claims before there is a problem. Understanding the difference between interference claims and retaliation claims and why it matters Designing policies that legally define employee rights and responsibilities to protect your organization and prevent unintentional FMLA violations Reducing the risks of interference claims when denying FMLA leave Investigating and resolving complaints before they end up in court Avoiding liability when terminating an FMLA-protected employee for cause: Performance violations, disciplinary problems, and violent behavior Christian Zinn, Esq., Attorney LEWIS AND ROCA LLP Back
3:35 pm - 4:35 pm What to Do When Leave Is at an End: Effectively Handling Employee Separations or Return to Work Once an employee's FMLA leave is at an end, new questions arise. Handling an employee at the end of leave can present several challenging situations which can be complex and frustrating. This session will cover what you need to know about ending protected leave while minimizing your liability risks. Understanding the restoration rights of returning employees, including what constitutes an equivalent position Determining whether reinstatement can be denied to any employees: Understanding the "key employee" concept Why time is of the essence in returning an employee to work at the completion of leave Knowing when to request fitness-for-duty medical certificates for returning employees Managing the challenges of an employee who wants to return but no longer meets the requirements of the job Dealing with reductions in force, layoffs, and other no-fault separations for employees on FMLA leave Employee severance agreements: Can employees waive FMLA rights? Christian Zinn, Esq., Attorney LEWIS AND ROCA LLP Back