Risks to Employers Over Job Performance and Termination Issues Involving the FMLA & ADA

$195.00

CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

The Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) are two remedial laws intended to balance employee entitlements to caring for themselves and/or their loved ones in times of medical need against the ongoing workforce staffing and related business demands of employers. This course will explore how best to navigate the well-intentioned minefield of risks that these laws present for employers.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Recent case law developments involving employees who have taken or are taking medical leave and who are subjected to discipline and related issues
•   The intersection between the FMLA and ADA, with emphasis on employer obligations under these laws
•   Best practices to manage and minimize risk for companies of all sizes

Date / Time: January 16, 2019

•   10:00 am – 12:00 pm Eastern
•   9:00 am – 11:00 am Central
•   8:00 am – 10:00 am Mountain
•   7:00 am – 9:00 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Clear

Original Broadcast Date: January 16, 2019

Alex Berg, Esq. is an associate with Kollman & Saucier, a metropolitan Baltimore law firm representing management in all areas of labor and employment law. Before joining the firm, Alex served as a judicial law clerk on the Maryland Court of Special Appeals and the D.C. Superior Court.

Alex regularly advises private and public sector employers of all sizes on FMLA and ADA issues, as well as those arising under Title VII of the Civil Rights of 1964, the FLSA, and ADEA, and state and local employment law and wage and hour statutes. He is also a frequent contributor to Matthew Bender’s Labor and Employment Bulletin.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: UT, PA, GA, and LA]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Reciprocity
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, CT, FL, GA, ME, MO, MT, ND, NH, NJ, NY, PR, SD and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Overview of FMLA and ADA

Section II. How does an FMLA leave request align with the obligation to provide reasonable accommodations to individuals with known disabilities under the ADA?

Section III. Once it becomes clear that employees may need a reasonable accommodation, how should employers navigate the interactive process?

Section IV. What happens when employees exhaust their FMLA leave entitlement without being medically cleared to return to work?

Section V. What other best practices should employers consider when an employee on medical leave seeks to return to work?

Section VI. What questions should employers be asking and investigating for themselves when faced with issues involving the taking discipline against employees with known medical needs?