Gain an understanding of the ins and outs of the laws surrounding job-protected leave and how to protect your organization from unwanted litigation.
Disciplining or terminating an employee for performance reasons is difficult under the best of circumstances. Disciplining or terminating an employee who is on job-protected leave adds layers of complexity and can expose an employer to costly claims and lawsuits for retaliation and/or interference. The FMLA and ADA protect employees who need to take time off from work because of medical, disability, or family issues. These laws intersect and overlap, and in some cases, an employee may be protected under both of these federal laws, as well as under state laws. Our experienced panel of employment attorneys will discuss how leave under the FMLA and ADA intersect and will outline best practices for handling performance issues with employees taking leave and avoiding retaliation and/or interference claims when it becomes necessary to terminate such employees for performance-related reasons.
- You will be able to define the basic requirements under the ADA and the FMLA.
- You will be able to identify the situations in which leave should be provided under the ADA and the FMLA.
- You will be able to recognize potential pitfalls in dealing with poor-performing employees requesting ADA and/or FMLA leave.
- You will be able to review discipline and termination decisions with respect to employees taking leave under the ADA and the FMLA.
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|Brief Overview of Federal Laws Providing Leave Rights|
|Employee Protections Under the ADA|
|Employee Protections Under the FMLA|
|Thorny Issues for Employers Under the ADA and FMLA|
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- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CO CLE 2.0
- This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- GA CLE 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
- MS CLE 1.5 (Pending)
- This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
- MT CLE 1.5
- This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NJ CLE 1.8
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- TN CLE 1.5
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
- VT CLE 1.5
- This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
- WI CLE 1.5
- This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- HR Certification Institute 1.5
- This program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
- SHRM 1.5
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
- CPE 1.8 including Personnel/HR 1.8
- Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
- Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
- Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.8 hours of continuing professional education.
Who should attend?
This live webinar is designed for human resource managers, benefits and payroll administrators, personnel managers, business owners and managers, controllers and attorneys.
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- Partner in the Atlanta office of Seyfarth Shaw
- Practice focuses on defending litigation and agency investigations as well as counseling and advising employers across a wide array of industries with respect to wage-hour, leave, and discrimination laws
- Conducts regular seminars and workshops on numerous issues concerning leave laws and wage-hour laws
- Written a number of articles on wage-hour and leave law issues
- Member of the ABA and Georgia Bar, L&E Section
- Listed as Up & Coming in Labor & Employment by Chambers USA and as a Rising Star by Georgia Super Lawyers
- J.D. degree, University of Virginia; B.A. degree, with honors, University of Virginia
- Can be contacted at 404-888-1023 or [email protected]
- Associate in the Atlanta office of Seyfarth Shaw
- Represents and counsels employers on a wide range of employment related issues, including discrimination, leave, wage and hour, and restrictive covenants
- Conducts regular seminars on issues concerning employee leave under the FMLA and the ADA
- Written several articles on discrimination and leave issues
- J.D. degree, magna cum laude, Florida State University; B.A. degree, cum laude, University of South Florida
- Can be contacted at 404-881-5439 or [email protected]
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