Calendar

Download Individual Registration Form

Course Description

COVID-19. Workplace harassment. Union negotiations. Telework. Mental health crises. These are just a few of the issues federal agencies are working through in 2020.

Navigating your role in the modern federal workplace requires not just the legal knowledge, but also the practical skills to handle the most intense and challenging situations. And the challenges you face today may not be the same as the challenges you faced last week, last month, or last year. And if that weren’t enough, there’s now a global pandemic to contend with.

For example, do you know what to do in the following scenarios?

• An employee with bipolar disorder is having a manic episode in the workplace.
• An employee threatens violence or suicide after the social isolation caused by COVID-19 has taken its toll.
• An employee claims she is being sexually harassed by one of your best performers.
• You’ve heard reports that another manager is bullying an employee.
• Your entire team is working remotely, but you need to meet with everyone to discuss a project or deadline.
• An employee is wasting time on social media when he is supposed to be working.
• The union is using abrasive language directed at agency leadership and management officials.

We will provide you the specific legal, practical and clinical guidance you need to reply effectively in these and many other difficult situations during our updated-for-2020 Emerging Issues Week. You’ll gain the tools to better understand how to:

• Deal with employees who are experiencing mental and behavioral health issues.
• Handle sexual harassment and bullying claims.
• Interact with the union in an effective way.
• Manage a mobile workforce and handle reasonable accommodation requests.
• Deal with threats of violence – from suicide to mass shootings – in the federal workplace.

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; federal supervisors and managers; security officers; union representatives.

Instructors

Deborah Hopkins, Shana Palmieri, Katherine Atkinson, Ann Boehm

Daily Agenda:

Monday, July 20

Handling Behavioral Health Issues: Course topics: An overview of the ADA/ADAAA and Rehabilitation Act requirements on accommodating individuals with invisible disabilities – with a focus on mental impairments and other behavioral health issues; types of mental disabilities and how they may exhibit in the workplace; accommodations for behavioral health-related disabilities; working with employees who have PTSD, handling substance abuse misuse and disorders; last chance agreements; dos and don’ts when working with employees who have behavioral health issues.

Tuesday, July 21

Dealing with Threats of Violence: Course topics: Handling the psychiatric emergency in the workplace; threatening behavior and the direct threat analysis; myths and facts about targeted violence in the workplace; dealing with suicidal employees; individual characteristics that put an employee at higher risk of committing an act of violence; how to develop and implement an in-house threat management team to deal with threat assessments, risk management, and the best ways to keep employees safe during a crisis; steps to take if someone becomes violent in the workplace.

Wednesday, July 22

Harassment Allegations and Investigations: Course topics: Differentiating between EEO and non-EEO harassment; protected categories; avenues of redress for the aggrieved; investigating harassment allegations; developing an investigative plan; dealing with difficult witnesses; witness and management rights during the investigation stage; agency obligations; the intersection with criminal investigations; bullying; special considerations in light of #MeToo and #TimesUp.

Thursday, July 23

The Nontraditional Workplace: Telework, Reasonable Accommodation, and Technology Challenges: Accountability tools for managing a mobile workforce; updated COVID-19 telework guidance from OPM, the White House, and EEOC; return to work challenges in the wake of COVID-19; handling requests for telework, leave, or flexible schedules as reasonable accommodation; challenges with technology in the federal workplace including technology-related misconduct.

Friday, July 24

Working in a Unionized Environment: What every supervisor and advisor should know about federal labor unions; collective bargaining agreements; official time; LR meetings; an overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; unfair labor practices; controlling official time; handling information requests; the current status of the Executive Orders.

Pricing

Early Bird Tuition (register by July 6):

• 5 days = $2190
• 4 days = $1795
• 3 days = $1385
• 2 days = $980
• 1 day = $540

Standard Tuition (register July 7 – July 24):

• 5 days = $2290
• 4 days = $1895
• 3 days = $1485
• 2 days = $1080
• 1 day = $640

Seminar registration includes a printed copy of the materials. In order to receive materials by the training date, please register by July 6 and provide a shipping address. Registrations received after July 6 will also receive printed materials, but materials are not guaranteed to arrive by the training date.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through July 6.

Download Individual Registration Form

Course Description

Counselors and investigators, here’s a little secret: The eight hours of refresher training that you are required to receive every year does not have to be the same old boring training. FELTG believes that your eight-hour refresher training can and should be interesting, engaging and compelling.

By attending five courses during FELTG’s summer conference-like virtual training Federal Workplace 2020: Accountability, Challenges, and Trends you’ll be able to earn all eight of your hours and receive critical guidance on important EEO topics, such as: EEO timelines, best practices for interviewing complainants and witnesses, trends in reasonable accommodation, the very latest on sexual orientation and gender discrimination, what happens when disabilities and FMLA overlap, and more. Plus, you’ll get the chance to ask questions of the resident authorities who collectively have seen almost everything in the world of EEO. Attendees will also receive a certificate of attendance verifying they’ve met the annual training requirement. We hope to see you there.

At-a-Glance Schedule

• Monday, July 27: 12:30 – 4:00 pm eastern (3 refresher hours)
• Wednesday, July 29: 9:30 am – 4:30 pm eastern (5 refresher hours)

Who Should Attend

EEO Counselors and EEO Investigators; others with an interest in EEO law are welcome to attend

Download Individual Registration Form

Monday, July 27, 2020

Counselor & Investigator Refresher Jump Start

Pre-session

12:30 – 4:00 pm EDT (break from 2-2:30)

What Every Counselor and Investigator Needs to Know in 2020

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 3 EEO counselor & investigator refresher hours)

Hey counselors and investigators! FELTG’s special event Federal Workplace 2020: Accountability, Challenges, and Trends provides an opportunity for you to pick up your mandatory annual refresher training with useful, timely, and engaging guidance. Ms. Atkinson kicks things off with an in-depth presentation on the foundational issues that EEO professionals need to know – everything from jurisdiction and pre-complaint counseling considerations, to best practices for interviewing complainants and witnesses.

Learning takeaways

Attendees will learn how to:

• Understand timeliness issues like tolling and estoppel.
• Identify the appropriate bases for dismissing a complaint.
• Prepare and conduct effective witness interviews.

Wednesday, July 29, 2020

Handling EEO Challenges

Session 5

9:30 – 10:45 am EDT

Reasonable Accommodation in 75 Minutes

Presented by Dwight Lewis, former EEOC Chief AJ/Dallas Region, FELTG Instructor.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

As the Chief Administrative Judge of the EEOC’s Dallas Region for many years, Dwight Lewis saw his fair share of cases where agencies made reasonable accommodation mistakes. In this fast-paced session, Mr. Lewis will prepare you to be better equipped to navigate the reasonable accommodation process and avoid those mistakes he’s seen so often. The session will cover everything from defining a disability to determining undue hardship, and will highlight the importance of the interactive process in determining what accommodation is reasonable.

Learning takeaways

Attendees will learn how to:

• Effectively navigate the interactive process.
• Determine when telework would be an appropriate accommodation.
• Explain who gets to choose the accommodation, and why

Session 6

11:15 am – 12:30 pm EDT

The Latest on Sexual Orientation and Transgender Discrimination

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)  

The Supreme Court will be handing down a decision on the Zarda, Bostock, R.G. & G.R. Harris Funeral Homes cases before thistraining event. FELTG President Deborah Hopkins will share her analysis of the High Court ruling and explain the impact it will have on the federal workplace. Over 75 minutes, Ms. Hopkins will also bring you up to speed on the law, gender stereotyping as sex discrimination, same-sex discrimination, harassment not motivated by sexual desire, and much more.

Learning takeaways

Attendees will learn how to:

• Understand the statutory authorities that prohibit sex-based discrimination.
• Define terms and concepts that apply to LGBTQ+ employees.
• Identify actions that get agencies into EEO trouble.

Session 7

1:30 – 2:45 pm EDT

When the ADA and FMLA Collide

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Navigating the FMLA is one of the most complex challenges a federal agency can face unless, of course, it is navigating the ADA at the same time. FELTG Senior Instructor Barbara Haga will compare and contrast coverage under the FMLA and coverage under the ADA, discuss the tricky role of medical documentation, and review leave under the FMLA and as a reasonable accommodation.

Learning takeaways

Attendees will learn how to:

• Explain the difference between a serious health condition and an ADA disability.
• Handle excessive absences under FMLA.
• Request the appropriate medical documentation, without violating employee rights to confidentiality.

Session 8

3:15 – 4:30 pm EDT

Navigating the Morass of Mixed Cases

Presented by Bob Woods, Attorney at Law, FELTG Instructor.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Few things create as much confusion among even experienced federal attorneys, EEO specialists, or HR professionals as mixed cases. We are here to help. Join Bob Woods as he untangles this often-complicated area when MSPB and EEOC both have potential jurisdiction over a case. What do you do when a mixed case lands on your desk? You’ll learn if you attend this session.

Learning takeaways

Attendees will learn how to:

• Discuss procedural options for processing mixed cases.
• Identify potential jurisdictional issues in mixed case processing.
• Explain the role of the Special Panel.

Pricing

• Early bird price is $725.
• See registration for full pricing details.
• Early Bird discounts available until July 15!

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the EEO refresher registration option. Group discounts are available through July 15.

Download Individual Registration Form

Course Description

Summer heralds the arrival of warmer weather, and with it the federal conference season. But with a pandemic not yet behind us, you may be wary of attending a crowded function or, perhaps, you find that getting approval for travel is even more difficult than usual. In fact, the pandemic is making the possibility of attending summer federal conferences less likely each day.

There’s no need to despair, and no need to give up on high-quality training: join the virtual FELTG Forum this summer, from wherever you’re working. FELTG’s experienced and widely respected instructors come together for a training event focused on making sure you’re prepared to effectively manage the federal employment challenges that are new, complicated, and critical to your and your agency’s success. Plus, unlike a conference where you have to register for the full event, this training event allows attendees to register for only the sessions they prefer to attend. It’s better than a conference!

Whether you’re a supervisor, HR professional, EEO practitioner or an attorney, this event has something for you. Attendees will receive clear strategies and straight-forward guidance for holding employees accountable for performance and conduct, deftly handling the most complex EEO challenges, and identifying and handling those pesky issues that are new — or will be soon enough. Along the way, EEO counselors and investigators can earn their annual refresher hours, and attorneys can pick up CLEs, including two hours for their legal ethics requirements.

And here’s the best part: You can select whichever sessions you want. Join us for the whole event. Or join us for one day, or just one session. It’s up to you.

Avoid the crowds. Save your agency money. And get the important training you need from instructors you trust.

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; federal supervisors and managers; security officers; union representatives.

Download Individual Registration Form

Monday, July 27, 2020

Counselor& Investigator Refresher Jump Start

Pre-session

12:30 – 4:00 pm EDT (break from 2-2:30)

What Every Counselor and Investigator Needs to Know in 2020

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 3 EEO counselor & investigator refresher hours)

Hey counselors and investigators! FELTG’s special event Federal Workplace 2020: Accountability, Challenges, and Trends provides an opportunity for you to pick up your mandatory annual refresher training with useful, timely, and engaging guidance. Ms. Atkinson kicks things off with an in-depth presentation on the foundational issues that EEO professionals need to know – everything from jurisdiction and pre-complaint counseling considerations, to best practices for interviewing complainants and witnesses during a global pandemic.

Learning takeaways

Attendees will learn how to:

• Understand timeliness issues like tolling and estoppel.
• Identify the appropriate bases for dismissing a complaint.
• Prepare and conduct effective witness interviews.

Tuesday, July 28, 2020

Spotlight on Accountability

Session 1

9:30 – 10:45 am EDT

The Foundations of Accountability: Discipline and Performance

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

(Earn 1.25 CLE credits)

This session begins with a discussion on the foundation of supervisory authority, and it will clarify the too-common misconceptions that prevent federal agencies from taking successful misconduct and performance-based actions against employees. Attendees will learn the five elements that must be present in a disciplinary case, the principles for holding employees accountable to perform acceptably, and will leave with the guidance necessary to avoid the roadblocks that lead to actions that fail when under the scrutiny of the MSPB, EEOC, or in grievance arbitration.

Learning takeaways

Attendees will learn how to:

• Recognize the differences between performance and conduct.
• Identify the due process errors that doom a disciplinary or performance case.
• Successfully take a defensible disciplinary or performance-based action that complies with the law, regulations, and Executive Orders.

Session 2

11:15 am – 12:30 pm EDT

Charges and Penalties in Disciplinary Cases

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

If you’ve been in the business for more than a few days, you know the importance of drafting legally-sufficient disciplinary charges, and making a reasonable penalty determination. Yet many agencies still lose cases because of poorly drafted charges. This session will cover the art and science behind drafting disciplinary charges, including the types of charges, parts of a charge, how charges are interpreted, and alternative charges. From there the discussion will cover the factors required to determine an appropriate penalty for employee misconduct.

Learning takeaways

Attendees will learn how to:

• Discuss the MSPB and Federal Circuit lead cases involving penalty determination.
• Defend the penalty using the Douglas Factors – or related penalty defense factors.
• Draft effective proposal and decision letters.

Session 3

1:30 – 2:45 pm EDT

Providing Performance Feedback That Makes a Difference

Presented by Anthony Marchese, Ph.D., Coach/Author/Trainer, FELTG Instructor

There is one action you can take that, when done effectively, could have a major impact on your team’s morale and productivity, and that is providing employees with honest feedback – and not just at mid-year or annual review time. Especially crucial, in light of the COVID-19 pandemic, is continuing to provide feedback to remote employees. This session presentation will equip participants to nurture a culture of candor, while exposing feedback myths and ineffective practices. Plus, you’ll learn how to have difficult conversations that produce actionable outcomes.

Learning takeaways

Attendees will learn how to:

• Identify the best practices for nurturing a culture of healthy feedback.
• Prepare for routine and high-stakes conversations by learning to use a thoughtful approach to employee conversations.
• Distinguish between opposing mindsets and their impact upon how feedback is received/acted upon.

Session 4

3:15 – 4:30 pm EDT

What to Do When Performance Goes Bad

Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

When it comes to the PIP, the DP, the ODAP, or whatever your agency calls it, a lot of the advice you get is BS. But not from FELTG. This session gets to the heart of how to handle performance challenges, for employees in the office or on telework status. Attendees will learn the FELTG-Way to manage an employee’s opportunity to demonstrate acceptable performance. And if the employee fails the DP, attendees will be able to confidently, effectively, and quickly remove the employee for poor performance.

Learning takeaways

Attendees will learn how to:

• Identify the required elements of performance cases.
• Implement a legally-sufficient opportunity period to demonstrate acceptable performance (formerly a PIP).
• Remove a poor performer in 31 days.

Wednesday, July 29, 2020

Handling EEO Challenges

Session 5

9:30 – 10:45 am EDT

Reasonable Accommodation in 75 Minutes

Presented by Dwight Lewis, former EEOC Chief AJ/Dallas Region, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

As the Chief Administrative Judge of the EEOC’s Dallas Region for many years, Dwight Lewis saw his fair share of cases where agencies made reasonable accommodation mistakes. In this fast-paced session, Mr. Lewis will prepare you to be better equipped to navigate the reasonable accommodation process and avoid those mistakes he’s seen so often. The session will cover everything from defining a disability to determining undue hardship, and will highlight the importance of the interactive process in determining what accommodation is reasonable.

Learning takeaways

Attendees will learn how to:

• Effectively navigate the interactive process.
• Determine when telework would be an appropriate accommodation.
• Explain who gets to choose the accommodation, and why.

Session 6

11:15 am – 12:30 pm EDT

The Latest on Sexual Orientation and Transgender Discrimination

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)  

On June 15, 2020, the Supreme Court issued a decision in Zarda, Bostock, R.G. & G.R. Harris Funeral Homes that definitively set the level of protection for LGBTQ employees in this country. FELTG President Deborah Hopkins will share her analysis of the High Court ruling and explain the impact it has on the federal workplace. Over 75 minutes, Ms. Hopkins will also bring you up to speed on gender stereotyping as sex discrimination, same-sex discrimination, harassment not motivated by sexual desire, and much more.

Learning takeaways

Attendees will learn how to:

• Understand the statutory authorities that prohibit sex-based discrimination.
• Define terms and concepts that apply to LGBTQ+ employees.
• Identify actions that get agencies into EEO trouble.

Session 7

1:30 – 2:45 pm EDT

When the ADA and FMLA Collide

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Navigating the FMLA is one of the most complex challenges a federal agency can face unless, of course, it is navigating the ADA at the same time. Add in the COVID-19 pandemic and you’ve got a complicated recipe that requires special attention. FELTG Senior Instructor Barbara Haga will compare and contrast coverage under the FMLA and coverage under the ADA, discuss the tricky role of medical documentation, and review leave under the FMLA and as a reasonable accommodation.

Learning takeaways

Attendees will learn how to:

• Explain the difference between a serious health condition and an ADA disability.
• Handle excessive absences under FMLA.
• Request the appropriate medical documentation, without violating employee rights to confidentiality.

Session 8

3:15 – 4:30 pm EDT

Navigating the Morass of Mixed Cases

Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Few things create as much confusion among even experienced federal attorneys, EEO specialists, or HR professionals as mixed cases. We are here to help. Join Bob Woods as he untangles this often-complicated area when MSPB and EEOC both have potential jurisdiction over a case. What do you do when a mixed case lands on your desk? You’ll learn if you attend this session.

Learning takeaways

Attendees will learn how to:

• Discuss procedural options for processing mixed cases.
• Identify potential jurisdictional issues in mixed case processing.
• Explain the role of the Special Panel.

Thursday, July 30, 2020

Trends in Federal Employment Law

Session 9

9:30 – 10:45 am EDT

Performance and Conduct Problems During a Pandemic: Holding Remote Employees Accountable

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

(Earn 1.25 CLE credits)

One of the biggest challenges facing agencies during this COVID-19 pandemic – and its potential aftermath – is that so much of the workforce is no longer in the workplace. And with varying return to work orders across the country, there’s not a one-size-fits-all approach to where things stand. How do you handle performance issues? What about conduct? What happens if an employee refuses to report for duty? While many employees are thriving under remote work, others continue to struggle with conduct or performance. It’s imperative to agency mission that you use the right tools to swiftly and effectively address these problems, regardless of where the employee is doing – or NOT doing – the actual work.

Learning Objectives

Attendees will learn how to:

• Follow the appropriate steps to discipline an employee for telework-related misconduct.
• Conduct a performance demonstration period while an employee is working remotely.
• Identify the agency’s options when an employee refuses to report for duty.

Session 10

11:15 am – 12:30 pm EDT

Understanding and Working with Your Agency’s OIG

Presented by Scott Boehm, former Senior Intelligence Advisor/Department of Defense Inspector General, FELTG Instructor

Your agency’s Office of Inspector General employs investigators, auditors, evaluators, and, sometimes, armed special agents. Its mission is to prevent and detect waste, fraud, and abuse, and promote economy, effectiveness, and efficiency of agency operations. It does so by investigating potential violations of law or misconduct and auditing or evaluating the agency’s operations and systems. If it sounds like your OIG’s mission may overlap or interconnect with your office’s mission, you’re right. So what happens when you’re investigating misconduct, and the OIG is investigating as well? What’s the role of the OIG if you uncover criminal behavior in the workplace? How does the OIG handle whistleblower disclosures? It’s important that you not only have a clear picture of what your agency’s OIG does, but also how to work with them. Now you have the chance to learn what you need to know.

Learning takeaways

Attendees will learn how to:

• Recognize the various types, purposes, and qualifications of Inspector Generals.
• Identify the agency information that the OIG has access to, and any limitations it has on that information.
• Determine whether an event or action triggers your responsibility

Session 11

1:30 – 2:45 pm EDT

EEO Trends in a COVID-19 World

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

The workplace has been turned upside down over the last few months as more than a million federal employees left their agency facilities to work from home. Now agencies are returning people to the workplace. Just because nobody was in the office for a while doesn’t mean that EEO problems have vanished, too. Ms. Atkinson will explain how applying the basic EEO framework can answer the current EEO issues you may be facing, such as providing telework as reasonable accommodation for people with underlying health conditions, agencies’ legal authority to administer medical exams related to COVID-19, and the virus-related problems agencies have seen lately regarding race and national origin discrimination.

Learning takeaways

Attendees will learn how to:

• Understand the areas where COVID-19 and EEO intersect.
• Identify the elements of a direct threat analysis and how it applies to a global pandemic.
• Explain the scenarios where virus-related comments about race and national origin rise to the level of a hostile work environment.

Session 12

3:15 – 4:30 pm EDT

Case Law Update: EEOC, FLRA, MSPB, and More

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

In the world of federal employment law, things can change quickly; there has been more action in the past three years than in the previous 35. Join FELTG Instructor Ann Boehm for a review of the most recent and relevant cases, regulations, studies and reports from the EEOC, FLRA and MSPB, plus information from OPM and the Office of Special Counsel and where things stand with the Executive Orders. Attendees will leave with knowledge of recent developments and with an in-depth analysis of the current employment law climate and its impact on the federal workplace.

Learning takeaways

Attendees will learn how to:

• Identify the most critical recent decisions from the EEOC and FLRA.
• Explain the status and impact of President Trump’s Executive Orders regarding the federal workplace.
• Understand the current status of the MSPB and how the lack of quorum impacts agency actions and appeals.

Friday, July 31, 2020

Ethics 

Post-session A

10:00 am – 12:00 pm EDT

Ethics for the Government Attorney

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 2.0 CLE ethics credits)

You have to earn your Ethics CLE credits, so you might as well do it the FELTG way and really learn something. Ms. Boehm, who spent more than 25 years working in employment law at federal agencies, will provide content focused specifically for government attorneys. Ms. Boehm will discuss ethics in relation to defining the client, filings and pleadings, contractors, personal conduct and more. Attendees will have the opportunity to work their way through ethically challenging hypothetical scenarios and to ask questions, and get answers, from someone who has experienced the same challenges you’re facing today.

Pricing

• Early bird pricing for individual sessions start at $125. Daily and full event discounts available.
• Early bird EEO refresher track pricing is $725.
• See registration for full pricing details.
• Early Bird discounts available until July 15!

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the Main Access or Ethics All Access registration options only. Group discounts are available through July 15.

Download Individual Registration Form

Course Description

Counselors and investigators, here’s a little secret: The eight hours of refresher training that you are required to receive every year does not have to be the same old boring training. FELTG believes that your eight-hour refresher training can and should be interesting, engaging and compelling.

By attending five courses during FELTG’s summer conference-like virtual training Federal Workplace 2020: Accountability, Challenges, and Trends you’ll be able to earn all eight of your hours and receive critical guidance on important EEO topics, such as: EEO timelines, best practices for interviewing complainants and witnesses, trends in reasonable accommodation, the very latest on sexual orientation and gender discrimination, what happens when disabilities and FMLA overlap, and more. Plus, you’ll get the chance to ask questions of the resident authorities who collectively have seen almost everything in the world of EEO. Attendees will also receive a certificate of attendance verifying they’ve met the annual training requirement. We hope to see you there.

At-a-Glance Schedule

• Monday, July 27: 12:30 – 4:00 pm eastern (3 refresher hours)
• Wednesday, July 29: 9:30 am – 4:30 pm eastern (5 refresher hours)

Who Should Attend

EEO Counselors and EEO Investigators; others with an interest in EEO law are welcome to attend

Download Individual Registration Form

Monday, July 27, 2020

Counselor & Investigator Refresher Jump Start

Pre-session

12:30 – 4:00 pm EDT (break from 2-2:30)

What Every Counselor and Investigator Needs to Know in 2020

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 3 EEO counselor & investigator refresher hours)

Hey counselors and investigators! FELTG’s special event Federal Workplace 2020: Accountability, Challenges, and Trends provides an opportunity for you to pick up your mandatory annual refresher training with useful, timely, and engaging guidance. Ms. Atkinson kicks things off with an in-depth presentation on the foundational issues that EEO professionals need to know – everything from jurisdiction and pre-complaint counseling considerations, to best practices for interviewing complainants and witnesses.

Learning takeaways

Attendees will learn how to:

• Understand timeliness issues like tolling and estoppel.
• Identify the appropriate bases for dismissing a complaint.
• Prepare and conduct effective witness interviews.

Wednesday, July 29, 2020

Handling EEO Challenges

Session 5

9:30 – 10:45 am EDT

Reasonable Accommodation in 75 Minutes

Presented by Dwight Lewis, former EEOC Chief AJ/Dallas Region, FELTG Instructor.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

As the Chief Administrative Judge of the EEOC’s Dallas Region for many years, Dwight Lewis saw his fair share of cases where agencies made reasonable accommodation mistakes. In this fast-paced session, Mr. Lewis will prepare you to be better equipped to navigate the reasonable accommodation process and avoid those mistakes he’s seen so often. The session will cover everything from defining a disability to determining undue hardship, and will highlight the importance of the interactive process in determining what accommodation is reasonable.

Learning takeaways

Attendees will learn how to:

• Effectively navigate the interactive process.
• Determine when telework would be an appropriate accommodation.
• Explain who gets to choose the accommodation, and why

Session 6

11:15 am – 12:30 pm EDT

The Latest on Sexual Orientation and Transgender Discrimination

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)  

The Supreme Court will be handing down a decision on the Zarda, Bostock, R.G. & G.R. Harris Funeral Homes cases before thistraining event. FELTG President Deborah Hopkins will share her analysis of the High Court ruling and explain the impact it will have on the federal workplace. Over 75 minutes, Ms. Hopkins will also bring you up to speed on the law, gender stereotyping as sex discrimination, same-sex discrimination, harassment not motivated by sexual desire, and much more.

Learning takeaways

Attendees will learn how to:

• Understand the statutory authorities that prohibit sex-based discrimination.
• Define terms and concepts that apply to LGBTQ+ employees.
• Identify actions that get agencies into EEO trouble.

Session 7

1:30 – 2:45 pm EDT

When the ADA and FMLA Collide

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Navigating the FMLA is one of the most complex challenges a federal agency can face unless, of course, it is navigating the ADA at the same time. FELTG Senior Instructor Barbara Haga will compare and contrast coverage under the FMLA and coverage under the ADA, discuss the tricky role of medical documentation, and review leave under the FMLA and as a reasonable accommodation.

Learning takeaways

Attendees will learn how to:

• Explain the difference between a serious health condition and an ADA disability.
• Handle excessive absences under FMLA.
• Request the appropriate medical documentation, without violating employee rights to confidentiality.

Session 8

3:15 – 4:30 pm EDT

Navigating the Morass of Mixed Cases

Presented by Bob Woods, Attorney at Law, FELTG Instructor.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Few things create as much confusion among even experienced federal attorneys, EEO specialists, or HR professionals as mixed cases. We are here to help. Join Bob Woods as he untangles this often-complicated area when MSPB and EEOC both have potential jurisdiction over a case. What do you do when a mixed case lands on your desk? You’ll learn if you attend this session.

Learning takeaways

Attendees will learn how to:

• Discuss procedural options for processing mixed cases.
• Identify potential jurisdictional issues in mixed case processing.
• Explain the role of the Special Panel.

Pricing

• Early bird price is $725.
• See registration for full pricing details.
• Early Bird discounts available until July 15!

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the EEO refresher registration option. Group discounts are available through July 15.

Download Individual Registration Form

Course Description

Federal employees enjoy a wide variety of leave-related benefits. However, many of us would never use the words “enjoy” and “leave” so closely together. Whether you’re an HR professional, employee relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge. FELTG’s Absence, Leave Abuse & Medical Issues Week will give you the critical foundation you need to address the most complex areas of federal employment law, including the recent challenges related to the COVID-19 pandemic.

Our speakers will discuss sick leave, annual leave, leave without pay, absence without leave, and FMLA. Then they will tackle the most current, relevant topics, such as disciplining employees for leave abuse, dealing with medical issues and unacceptable performance, leave and reasonable accommodation, medical documentation, medical exams, and more.

If you attend, you’re going to learn an awful lot about “leave” and you’re going to “enjoy” the training.

The program runs 12:00 – 4:00 each day, with a break from 1:45-2:15 (all times eastern). Participants will receive program materials via email on Friday, September 25.

Download Individual Registration Form

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; federal supervisors and managers; union representatives.

Instructors

Barbara Haga, Ann Boehm, Katherine Atkinson, Meghan Droste 

Daily Agenda:

Monday, September 28

Leave Use Overview: Course topics: Emergency Paid Sick Leave, Sick Leave: eligibility, notification requirements, medical certification, dealing with abuse, Additional Leave Entitlements, Administrative Leave.

Tuesday, September 29

FMLA Law and Policy: Course topics: FMLA:  eligibility, notification requirements, definition of serious health condition, medical certification, intermittent use, and Paid Family Leave.

Wednesday, September 30

Leave-Related Discipline & Medical Removals: Course topics: The five elements of discipline; leave-related misconduct; documentation necessary to discipline an employee for leave-related misconduct and leave abuse; AWOL charges; excessive absence removals; medical inability to perform removals.

Thursday, October 1 

Reasonable Accommodation: Entitlements and Processes: Course topics: The ADA Amendments Act; the Rehabilitation Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; flexible work schedules and alternative work locations; religious accommodation.

Friday, October 2

Medical Documentation, Medical Requests and Record Confidentiality: Course topics: How the ADAAA and GINA impact the collection of medical information; pre- and post-employment medical exams and inquiries; conditional employment offers; medical documentation requests; direct threat; conflicting regulations and contra court decisions.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by September 14):

• 5 days = $1475
• 4 days = $1195
• 3 days = $910
• 2 days = $630
• 1 day = $345

Standard Tuition (register September 15 – October 2):

• 5 days = $1550
• 4 days = $1285
• 3 days = $975
• 2 days = $685
• 1 day = $395

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through September 14.

Download Individual Registration Form

Event Description

Investigating harassment in your agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task. It’s even more challenging during the COVID-19 pandemic when most investigations must be done virtually.

Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally-sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.

Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. And much more.

This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.

You can register for any of the sessions individually, or you can register for all three. This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern. Participants will receive program materials via email on Monday, October 5.

Download Individual Registration Form

Tuesday, October 6, 2020

Session 1: Investigating Harassment: Misconduct Principles

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: An effective harassment investigation begins with a solid foundation of misconduct law in the federal workplace. Attorney and FELTG President Deborah J. Hopkins will explain the principles that underpin a successful investigation of federal employee misconduct, whether it’s on-duty or off-duty. Attendees will learn the five elements of discipline and understand how they relate to the misconduct investigation process. Plus, they’ll learn about evidence standards and burdens of proof in misconduct cases, how Douglas factors play in to an investigation, the importance of nexus, what to do when a witness won’t cooperate, and much more.

Learning Objectives

Attendees will learn how to:

• Identify the relationship between the foundations of federal accountability and misconduct investigations.
• Identify and collect relevant penalty evidence during the investigation.
• Recognize the mistakes that derail effective misconduct and harassment investigations.

Wednesday, October 7, 2020

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: What is the scope of the investigation? Who should you interview? What documents are you going to need? Preparing your investigative plan is a critical step in developing a legally sufficient investigation. Attorney Katherine Atkinson will explain the proper role of the investigator and how you can avoid the pitfalls of an insufficient investigation with the proper preparation and knowledge. Plus, she’ll answer important questions about representation: Does the witness have the right to a representative? Does the union have a right to attend the interview – even if the witness doesn’t want the union there? What rights does agency management have in the process?

Learning Objectives

Attendees will learn how to:

• Discern the difference between EEO and non-EEO harassment, and the impact that has on the investigations’ legal sufficiency.
• Identify witness rights and management rights.
• Recognize the three basic characteristics of evidence in a harassment investigation.

Thursday, October 8, 2020

Session 3: Conducting the Investigation and Writing the Report

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Attorney Meghan Droste will share legal principles and proven guidance to navigate this most critical and challenging part of harassment investigations: conducting the interviews and gathering relevant evidence. Attendees will leave the session with techniques for questioning, tools for reading body language, suggestions on how to handle difficult personality types, and tips for writing the fact-finding report (FFR) and report of investigation (ROI). Ms. Droste will also share how technology is changing the investigation process, including a very timely discussion of conducting virtual interviews.

Learning Objectives

Attendees will learn how to:

• Identify the similarities and differences in conducting onsite and virtual interviews.
• Apply logic and judgment to evaluate conflicting statements.
• Write a fulsome report on the findings from the harassment investigation.

Price

• Early Bird Tuition (register by September 25): One Session = $325  |  Two Sessions = $600  |  Full Event = $850
• Standard Tuition (register September 26 – October 8): One Session = $375  |  Two Sessions = $650  |  Full Event = $900
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through September 25. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more attendees for the full event. Group discounts are only available through September 25.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

Event Description

Holding federal employees accountable for performance and conduct is easier than you might think. Too many supervisors believe that an employee’s protected activity (EEO complaints, whistleblower disclosures, or union activity) precludes the supervisor from initiating a suspension or removal, but that’s just not true. During the COVID-19 pandemic, it’s even more imperative your employees are doing the work they are assigned to do, and following all workplace rules along the way.

FELTG is here to make federal supervisors’ and advisers’ lives easier by clarifying those misconceptions while helping supervisors understand how to take defensible misconduct actions quickly and fairly – actions that withstand scrutiny on appeal by the MSPB, EEOC, or in grievance arbitration. Plus, if you have an under-performing employee working for you now, we will show you the steps to take to give the employee an opportunity to demonstrate acceptable performance, and how to determine whether the employee is successful or should be removed. In addition, we’ll discuss how you can defend against allegations of discrimination and hostile work environment claims, and the role of the supervisor and advisor throughout the EEO process.

Join us for this three-day seminar and come away with the tools you need to hold your employees accountable, and defend every action you take.

The program runs from 12:00 – 4:30 eastern each day, with a break from 2:00 – 2:30, and when taken together days 1 & 2 meet OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).

Download Individual Registration Form

Tuesday, October 13, 2020

Session 1: Accountability for Conduct and Performance, Part I

12:00 pm – 4:30 pm eastern (break from 2:00 – 2:30)

Presented by Ann Boehm, Attorney at Law, FELTG President

Course Description: This program begins with a discussion on the foundations of accountability and supervisory authority in the federal government. After learning to identify the differences between performance and conduct issues, the seminar will shift the focus to discipline and misconduct theory and practice. From emphasizing the five elements of misconduct, to explaining how an agency can defend its penalty and provide the employee with due process, to a discussion on discipline procedures and appeals, the attendee will receive a thorough education on properly – and legally – handling employee misconduct issues in the federal workplace.

Learning Objectives

• Understand the differences between employee performance and misconduct issues
• Identify the five elements that must be presents in every discipline case
• Recognize the supervisor’s and advisor’s roles in disciplinary procedures and appeals

Wednesday, October 14, 2020

Session 2: Accountability for Conduct and Performance, Part II

12:00 pm – 4:30 pm eastern (break from 2:00 – 2:30)

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course Description: This session begins with a focus on one of the most misunderstood areas of accountability: poor performance. The conversation includes the requirements to implement a performance demonstration period, initiating and completing a performance-based action, and determining the appropriate outcome after the employee has been given an opportunity to demonstrate acceptable performance. From there, the discussion turns to some tricky supervisory scenarios that become less intimidating after explanation: dealing with attendance issues, properly handling the absent employee, medical removals and dealing with union issues.

Learning Objectives

• Understand the legally-required procedures to hold an employee accountable for poor performance
• Identify and implement the procedures to deal with leave abuse
• Acknowledge how dealing with employees in a bargaining unit is different than non-bargaining unit employees

Thursday, October 15, 2020

Session 3: Defending Against Discrimination Complaints: The Supervisor’s Role in EEO

12:00 pm – 4:30 pm eastern (break from 2:00 – 2:30)

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course Description: One of the most intimidating experiences for a federal supervisor is being named in an EEO complaint. Yet, if you are a supervisor for any length of time, there’s a good chance it will happen. This session helps to clarify the federal EEO process so supervisors understand how defend against allegations of discrimination. After an explanation of the protected EEO categories, we’ll cover what to do – and what not to do – if you’re a Responding Management Official in a complaint, and what happens if you’re called as an EEO witness. From there, the program will cover the theories of discrimination, and will provide you with the tools you need to prove your workplace actions were legitimate and non-discriminatory. You’ll sleep better at night after attending this session!

Learning Objectives

• Identify the theories of discrimination in the federal workplace
• Recognize the situations where a employees need reasonable accommodation – and your role in the process
• Understand how to successfully defend against allegations of harassment and discrimination

Pricing

Early Bird Tuition (register by September 30):

• 3 days = $1015
• 2 days = $700
• 1 day = $370

Standard Tuition (register October 1-15):

• 3 days = $1045
• 2 days = $730
• 1 day = $400

Seminar registration includes a PDF copy of the program materials, plus a hard copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive the textbook by the training date, please register by September 30 and provide a shipping address. Registrations received after September 30 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.

• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through September 30.

Download Individual Registration Form

Event Description

This week focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting investigations in the federal workplace, including planning the investigation, factfinding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.

This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training.

This program runs from 9:30 – 4:00 eastern each day, with a 60-minute break from 12:00 – 1:00. See blow for a detailed agenda.

Download Individual Registration Form

Instructors

Ann Boehm, Katherine Atkinson, Meghan Droste

Daily Agenda

Monday

Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; the law behind other types of administrative investigations; reprisal investigations.

Tuesday

Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the EEO process for EEO investigators; special topics.

Wednesday

Conducting the Investigation, Part I: Evidentiary principles; witness rights; union representation; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation; beginning the interview; exercise.

Thursday

Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high-profile case considerations; medical information and investigations.

Friday

Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by November 2):

• 5 days = $2190
• 4 days = $1795
• 3 days = $1385
• 2 days = $980
• 1 day = $540

Standard Tuition (register November 3-20):

• 5 days = $2290
• 4 days = $1895
• 3 days = $1485
• 2 days = $1080
• 1 day = $640

Group discounts are available through November 2. Contact FELTG.

Class Materials

Seminar registration includes a printed copy of the materials. In order to have the best chance to receive materials by the training date, please register by November 2 and provide a shipping address, and your materials will be sent via USPS Priority Mail. Registrations received after November 2 will also receive printed materials, which will be shipped Priority Mail when registration is received; they may not arrive in time for the training.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more attendees for the full event. Group discounts are only available through November 2.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

Course Description

Let’s face it: being a federal sector Employee Relations Specialist is a tough job. It’s great to know the basics, but the basics don’t always help you when you’re facing complicated or challenging situations. That’s when you realize that there is much more to learn. No worries. The FELTG Virtual Training Institute presents Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations training you need most.

You’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation, and more. Plus, interactive workshops will allow you to leave with the tools you’ll need to succeed. And it will all be taught by FELTG Senior Instructor Barbara Haga, one of the most experienced federal employee relations professionals you’ll ever meet.

The program runs 9:00 – 4:00 each day and is approved for 18 HRCI general recertification credits.

Instructor

Barbara Haga

Daily Agenda:

Tuesday, December 1

Leave and Attendance: Administering leave, with particular emphasis on sick leave, LWOP, and FMLA. Detailed review of sick leave provisions including authorized purposes for use of sick leave, limitations on use of sick leave for family care and bereavement, eligibility to use leave for care, notice requirements, acceptable documentation. Management actions to control use of leave and abuse of sick leave. Detailed review of FMLA provisions including eligibility to invoke FMLA, entitlement, coverage of family members, administration and notice requirements. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.

Wednesday, December 2

Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Revised DOD performance system to be implemented in 2016. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans. Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny to conducting a bona fide PIP to ensuring that due process is met in effecting an action on unacceptable performance.

Thursday, December 3

Misconduct and Other Related Issues: Implementation of a successful disciplinary program – delegation of authority, role of advisors, warnings and cautions, use of administrative leave. Nexus. Dealing with comparators in determining a penalty. Involuntary actions – resignations and retirements. Ordering and Offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, disability retirement, separation disability; conduct unbecoming; misuse and technology-related misconduct; failure to meet conditions of employment.

Pricing

• • Early Bird Tuition (register by November 15):
    • 3 days = $1370
    • 2 days = $970
    • 1 day = $530

    Standard Tuition (register November 16 – December 3):

    • 3 days = $1470
    • 2 days = $1070
    • 1 day = $630

     

Seminar registration includes a printed copy of the materials. In order to have the best chance to receive materials by the training date, please register by November 15 and provide a shipping address, and your materials will be sent via USPS Priority Mail. Registrations received after November 15 will also receive printed materials, which will be shipped Priority Mail when registration is received; they may not arrive in time for the training.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through November 15.

Download Individual Registration Form

Managing the uncertainty and increased workload when employees are absent has always been a challenge for federal HR professionals, Employee Relations specialists, and supervisors. Absence doesn’t just occur when an employee is sick. Federal employees enjoy a host of leave-related entitlements, including a large swath of leave tied to family member medical conditions, including sick leave and FMLA. With FMLA, the employee may substitute paid leave, and now with the Federal Employee Paid Leave Act, employees have another type of leave to cover birth and placement. It can all seem quite confusing, but FELTG is here to help.

In this two-part virtual training program, FELTG Senior Instructor Barbara Haga will provide you with the tools and knowledge to answer the toughest questions on all of these entitlements, and she’ll explain how they overlap. Attendees will learn the necessary steps to ensure that a grievance or adverse action case that arises out of these leave determinations will withstand the scrutiny of the MSPB.

Part 1: Sick Leave                                                                                                                            Wednesday, February 17, 12:30-4:00 PM eastern (30-minute break from 2:00-2:30)                              

Administering sick leave can be complicated, especially the multiple uses for the leave and numerous family members covered.  Proper coverage decisions are critical and acceptable documentation is essential. In this half-day training, Ms. Haga will explain every critical aspect of sick leave from how it is earned and accumulated, to notice requirements and taking action on sick leave issues,  This session will also review regulations regarding offering and ordering medical examinations.

Attendees will learn how to:

• Determine when medical certification is required and what needs to be in it
• Take action on sick leave abuse
• Determine deadlines for submitting sick leave documentation and what happens when deadlines are not met
• Identify the necessary documentation for and limits of family care sick leave
• And much more!

Part 2: FMLA and Employee Paid Leave Act.                                                                                Wednesday, February 24, 12:30-4:00 PM eastern (30-minute break from 2:00-2:30)                            

The Family & Medical Leave Act adds an additional layer of complexity to illness-related absences. Though it’s more than 25 years old, the FMLA still causes significant confusion for agency professionals. To complicate matters, the Federal Employee Paid Leave Act adds a new layer of regulations and a new type of leave to be substituted. Barbara Haga knows the FMLA inside out, and she will share her knowledge with you from basic requirements to FMLA-related discipline, such as excessive absence, falsified information, and failure to comply with notice requirements. And she’ll discuss the impact of the Federal Employee Paid Leave Act.

Attendees will learn how to:

• Understand the fine points of FMLA coverage, eligibility, and use for family care
• Identify what FMLA medical certifications should contain
• Recognize when an employee is eligible to substitute leave under the Federal Employee Paid Leave Act

Instructor

Barbara Haga

Price

• Early Bird Tuition (register by February 2): One Day: $340 – Two Days: $600
• Standard Tuition (register February 3-24):  One Day: $380 – Two Days: $650
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available February 2. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available February 2.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

Managing the uncertainty and increased workload when employees are absent has always been a challenge for federal HR professionals, Employee Relations specialists, and supervisors. Absence doesn’t just occur when an employee is sick. Federal employees enjoy a host of leave-related entitlements, including a large swath of leave tied to family member medical conditions, including sick leave and FMLA. With FMLA, the employee may substitute paid leave, and now with the Federal Employee Paid Leave Act, employees have another type of leave to cover birth and placement. It can all seem quite confusing, but FELTG is here to help.

In this two-part virtual training program, FELTG Senior Instructor Barbara Haga will provide you with the tools and knowledge to answer the toughest questions on all of these entitlements, and she’ll explain how they overlap. Attendees will learn the necessary steps to ensure that a grievance or adverse action case that arises out of these leave determinations will withstand the scrutiny of the MSPB.

Part 1: Sick Leave                                                                                                                            Wednesday, February 17, 12:30-4:00 PM eastern (30-minute break from 2:00-2:30)                              

Administering sick leave can be complicated, especially the multiple uses for the leave and numerous family members covered.  Proper coverage decisions are critical and acceptable documentation is essential. In this half-day training, Ms. Haga will explain every critical aspect of sick leave from how it is earned and accumulated, to notice requirements and taking action on sick leave issues,  This session will also review regulations regarding offering and ordering medical examinations.

Attendees will learn how to:

• Determine when medical certification is required and what needs to be in it
• Take action on sick leave abuse
• Determine deadlines for submitting sick leave documentation and what happens when deadlines are not met
• Identify the necessary documentation for and limits of family care sick leave
• And much more!

Part 2: FMLA and Employee Paid Leave Act.                                                                                Wednesday, February 24, 12:30-4:00 PM eastern (30-minute break from 2:00-2:30)                            

The Family & Medical Leave Act adds an additional layer of complexity to illness-related absences. Though it’s more than 25 years old, the FMLA still causes significant confusion for agency professionals. To complicate matters, the Federal Employee Paid Leave Act adds a new layer of regulations and a new type of leave to be substituted. Barbara Haga knows the FMLA inside out, and she will share her knowledge with you from basic requirements to FMLA-related discipline, such as excessive absence, falsified information, and failure to comply with notice requirements. And she’ll discuss the impact of the Federal Employee Paid Leave Act.

Attendees will learn how to:

• Understand the fine points of FMLA coverage, eligibility, and use for family care
• Identify what FMLA medical certifications should contain
• Recognize when an employee is eligible to substitute leave under the Federal Employee Paid Leave Act

Instructor

Barbara Haga

Price

• Early Bird Tuition (register by February 2): One Day: $340 – Two Days: $600
• Standard Tuition (register February 3-24):  One Day: $380 – Two Days: $650
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available February 2. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available February 2.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

Event Description

Investigating harassment in your Federal agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task. It’s even more challenging during the COVID-19 pandemic when most investigations must be done virtually.

Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally-sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.

Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. And much more.

This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.

You can register for any of the sessions individually, or you can register for all three. This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern. Participants will receive program materials via email on Monday, October 5.

Download Individual Registration Form

Tuesday, March 2, 2021

Session 1: Investigating Harassment: Misconduct Principles

12:30 pm – 4:00 pm eastern (break from 2:00 – 2:30)

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: An effective harassment investigation begins with a solid foundation of misconduct law in the federal workplace. Attorney and FELTG President Deborah J. Hopkins will explain the principles that underpin a successful investigation of federal employee misconduct, whether it’s on-duty or off-duty. Attendees will learn the five elements of discipline and understand how they relate to the misconduct investigation process. Plus, they’ll learn about evidence standards and burdens of proof in misconduct cases, how Douglas factors play in to an investigation, the importance of nexus, what to do when a witness won’t cooperate, and much more.

Learning Objectives

Attendees will learn how to:

• Identify the relationship between the foundations of federal accountability and misconduct investigations.
• Identify and collect relevant penalty evidence during the investigation.
• Recognize the mistakes that derail effective misconduct and harassment investigations.

Wednesday, March 3, 2021

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm eastern (break from 2:00 – 2:30)

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: What is the scope of the investigation? Who should you interview? What documents are you going to need? Preparing your investigative plan is a critical step in developing a legally sufficient investigation. Attorney Meghan Droste will explain the proper role of the investigator and how you can avoid the pitfalls of an insufficient investigation with the proper preparation and knowledge. Plus, she’ll answer important questions about representation: Does the witness have the right to a representative? Does the union have a right to attend the interview – even if the witness doesn’t want the union there? What rights does agency management have in the process?

Learning Objectives

Attendees will learn how to:

• Discern the difference between EEO and non-EEO harassment, and the impact that has on the investigations’ legal sufficiency.
• Identify witness rights and management rights.
• Recognize the three basic characteristics of evidence in a harassment investigation.

Thursday, March 4, 2021

Session 3: Conducting the Investigation and Writing the Report

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: Attorney Katherine Atkinson will share legal principles and proven guidance to navigate this most critical and challenging part of harassment investigations: conducting the interviews and gathering relevant evidence. Attendees will leave the session with techniques for questioning, tools for reading body language, suggestions on how to handle difficult personality types, and tips for writing the fact-finding report (FFR) and report of investigation (ROI). Ms. Atkinson will also share how technology is changing the investigation process, including a very timely discussion of conducting virtual interviews.

Learning Objectives

Attendees will learn how to:

• Identify the similarities and differences in conducting onsite and virtual interviews.
• Apply logic and judgment to evaluate conflicting statements.
• Write a fulsome report on the findings from the harassment investigation.

Price

• Early Bird Tuition (register by February 19): One Session = $340  |  Two Sessions = $650  |  Full Event = $900
• Standard Tuition (register February 20 – March 4: One Session = $390  |  Two Sessions = $695  |  Full Event = $950
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through February 19. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more attendees for the full event. Group discounts are only available through February 19.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

Course Description

Federal employees enjoy a wide variety of leave-related benefits. However, many of us would never use the words “enjoy” and “leave” so closely together. Whether you’re an HR professional, employee relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge. FELTG’s Absence, Leave Abuse & Medical Issues Week will give you the critical foundation you need to address the most complex areas of federal employment law, including the recent challenges related to the COVID-19 pandemic.

Our speakers will discuss sick leave, annual leave, leave without pay, absence without leave, and FMLA. Then they will tackle the most current, relevant topics, such as disciplining employees for leave abuse, dealing with medical issues and unacceptable performance, leave and reasonable accommodation, medical documentation, medical exams, and more.

If you attend, you’re going to learn an awful lot about “leave” and you’re going to “enjoy” the training.

The program runs 12:00 – 4:00 each day, with a break from 1:45-2:15 (all times eastern). Participants will receive program materials via email the week before the training.

Download Registration Form

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; federal supervisors and managers; union representatives.

Instructors

Barbara Haga, Deborah Hopkins, Katherine Atkinson, Meghan Droste 

Daily Agenda:

Monday, April 12

Leave Use Overview: Course topics: Emergency Paid Sick Leave, Sick Leave: eligibility, notification requirements, medical certification, dealing with abuse, Additional Leave Entitlements, Administrative Leave.

Tuesday, April 13

FMLA Law and Policy: Course topics: FMLA:  eligibility, notification requirements, definition of serious health condition, medical certification, intermittent use, and Paid Family Leave.

Wednesday, April 14

Leave-Related Discipline & Medical Removals: Course topics: The five elements of discipline; leave-related misconduct; documentation necessary to discipline an employee for leave-related misconduct and leave abuse; AWOL charges; excessive absence removals; medical inability to perform removals.

Thursday, April 15 

Reasonable Accommodation: Entitlements and Processes: Course topics: The ADA Amendments Act; the Rehabilitation Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; flexible work schedules and alternative work locations; religious accommodation.

Friday, April 16

Medical Documentation, Medical Requests and Record Confidentiality: Course topics: How the ADAAA and GINA impact the collection of medical information; pre- and post-employment medical exams and inquiries; conditional employment offers; medical documentation requests; direct threat; conflicting regulations and contra court decisions.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by March 29):

• 5 days = $1475
• 4 days = $1195
• 3 days = $910
• 2 days = $630
• 1 day = $345

Standard Tuition (register March 30 – April 16):

• 5 days = $1550
• 4 days = $1285
• 3 days = $975
• 2 days = $685
• 1 day = $395

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through March 29.

Download Registration Form

Event Description

A brand-new administration with starkly different priorities than the previous White House occupants. A massive effort to return to pre-pandemic normalcy in the workplace. New case law eventually emerging from EEOC, FLRA, and, possibly, MSPB. This year in the federal employment law world is bound to be one of change and challenge. Over four days, the FELTG Virtual Training Institute’s second annual Emerging Issues in Federal Employment Law event will focus on complying with laws, regulations, and Executive Orders under a new administration.

This event offers 15 live instructor-led sessions, aimed at providing you with the latest legal and practical guidance to meet the current situation. Renew your efforts to hold employees accountable for roller-coaster performance. Identify the mistakes holding you back from taking misconduct actions that withstand third-party scrutiny. Take steps to prevent and correct harassment. Find out how to address contractors’ EEO complaints. Review your responsibilities for handling the new complexities of leave, reasonable accommodation requests involving animals, and preventing and correcting workplace harassment. Learn strategies for managing teleworkers. Get the latest on case law and all other developments at the EEOC, FLRA, and MSPB. Review the EEO lessons learned – and still being learned – from COVID-19.  And much much more. Don’t put off getting the important training you need. The open enrollment FELTG Virtual Training Institute’s Emerging Issues in Federal Employment Law program provides benefits you won’t get from other online conference providers. You can register for any of the sessions individually, or you can register for the whole program. You receive opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Earn CLE credits and EEO refresher training credits. Four days. Fifteen sessions. Ten instructors. We’d love to have you join us.

Download Registration Form

This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.

Tuesday, April 27, 2021

MSPB Day

Session 1

9:30 – 10:45 am EDT

What to Expect When You’re Expecting a New Board

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: Once again, we have a glimmer of hope that a new Board will be nominated and voted into place at the MSPB. What does this mean for federal HR professionals? What does this mean for all those agencies and employees whose cases have been piling up unread at the Board? How will Executive Order 14003 and OPM regulations fit into the picture? How is the Board impacted by the decisions the Federal Circuit has been making in its absence of a quorum? FELTG President Deborah Hopkins will give an overview of what we can expect in the upcoming months from a new MSPB, the challenges awaiting the incoming members, and where the Board might stand on critical issues like performance and conduct accountability under the Biden Administration. Earn 1.25 CLE credits.

Session 2

11:15 am  – 12:30 pm EDT

What Do You Do With the Douglas Factors?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course Description: You likely know those 12 factors identified in the landmark 1981 MSPB decision that birthed their name. But do you know how to use them to determine the appropriate penalty? Attorney Ann Boehm will share case law highlighting how agencies correctly use the Douglas factors and, more importantly, how they were misapplied. She will answer all your Douglas questions, such as: Do the factors go in the proposal or the decision? What do OPM’s new regs say about the Douglas factors? In light of the Accountability Act, does the VA still have to do Douglas factors? Attendees will leave this session with the knowledge to avoid the too-common Douglas mistakes. Earn 1.25 CLE credits.

Session 3

1:30 – 2:45 pm EDT 

The Roller Coaster Employee: Managing Up-and-Down Performance

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course Description: You’ve undoubtedly seen it several times, and it’s always frustrating. An employee is put on a performance demonstration period (DP, PIP, ODAP – or whatever your agency calls it) and does well enough to stay in his position. But when the DP ends, his performance dips again. As employees return en masse and attempt to re-adjust to the physical workplace, it’s highly likely that you’ll see some drops in performance  – whether they employees are on a DP or not. Attorney Bob Woods will explain how to effectively and efficiently handle wide swings in performance. Earn 1.25 CLE credits.

Session 4

3:15 pm – 4:30 pm EDT

When Employees Go Insubordinate: Don’t Mess With the Wrong Elements

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President; and Marcus Hill, former Senior Executive Advisor/Federal Law Enforcement Training Center, FELTG Instructor

Course Description: If you’ve ever been a supervisor or advised one, then you’ve most likely dealt with an employee who did not do what he was asked, or, possibly, did the exact opposite. That may sound like a good definition of insubordination for Webster’s Dictionary, but it’s not going to work for the MSPB.  Charges of workplace misconduct have specific legal definitions, which include elements. And to prove a charge, you need to prove all of its elements. FELTG President Deborah Hopkins will walk you through the elements of insubordination and the factors that determine how to best deal with employees who disobey, or refuse to follow, management orders. Earn 1.25 CLE credits.

Wednesday, April 28, 2021

EEOC Day

Session 5

9:30 am – 10:45 am EDT

Preventing and Correcting Hostile Work Environment Harassment

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Not all hostile work environment cases involve sexual harassment. However, as attorney Meghan Droste will show you, a large majority do. And yet, hostile environment harassment is often alleged based on all of the protected categories –  sex, race, color, national origin, religion, age, disability, genetic information, or reprisal. Ms. Droste will define the “nature of the conduct,” as well as the “unwelcome” and the “sufficiently severe or pervasive” requirements. She’ll also discuss agency and supervisor liability, share successful prevention techniques, and the provisions of Executive Order 13985 and 13988 that apply to Federal agencies. Earn 1.25 CLE credits. 1.25

Session 6

11:15 am – 12:30 pm EDT

Barking Up the Wrong Tree? Service and Therapy Animals in the Workspace

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President; and Ricky Rowe, Former National EEO Manager/Veterans Affairs, FELTG Instructor

Course description: Pet ownership increased and animal shelters emptied during COVID-enforced lockdowns in 2020. Undoubtedly, remote workers have enjoyed the therapeutic benefits that come with owning a pet. But does that make their new furry friends therapy or emotional support animals? And can no-longer-remote employees bring their new four-legged friends to the workplace? In most cases, the answer is an easy no. But if it’s a reasonable accommodation request, the answer isn’t quite as definitive. The EEOC’s stance that an emotional support animal may be a required reasonable accommodation for a qualified individual with a disability, even if it is not a trained service dog, fails to provide an easy answer. FELTG President Deborah Hopkins will explain the difference between a service animal and a therapy animal, and provide guidance on how to determine if an emotional support animal would be a reasonable accommodation for an individual with a disability. Earn 1.25 CLE credits. 1.25

Session 7

1:30 – 2:45 pm EDT

What to Do When Contractors File EEO Complaints

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course description: A federal contractor may file a formal EEO complaint if the agency is determined to be a “joint employer.” How do you determine if you are a joint employer? That determination begins with the case Ma v. HHS. Attorney Bob Woods will walk you through how to apply the Ma factors to your situation. He’ll also explain the roles and responsibilities of agency personnel when contractors start the EEO process, as well as defenses to the “joint employer” allegation. Earn 1.25 CLE credits. 1.25

Session 8

3:15 – 4:30 pm EDT

COVID-19 and EEO: What We’ve Learned and What We Still Need to Know

Presented by Katherine Atkinson, Attorney at Law FELTG Instructor

Course description: The pandemic turned the federal workplace upside down, creating numerous unique situations for supervisors and EEO professionals. Increased vaccinations have eased the burden somewhat, but many EEO challenges remain. Attorney Katherine Atkinson will walk you through some of these remaining challenges, and share the EEO lessons learned from  that past year. Attendees will leave with a basic EEO framework that can be used to address COVID-related issues as well as other challenges long after the virus is eradicated. Earn 1.25 CLE credits. 1.25

Thursday, April 29, 2021

Emerging Trends Day

Session 9

9:30 – 10:45 am EDT

Leave for the Federal Employee in 2021

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

Course description: Rules about leave and attendance have always been complicated. During the COVID-19 pandemic, the complexities grew. FELTG Senior Instructor Barbara Haga will give an overview of leave entitlements with a focus on new Paid Parental Leave (PPL), and recent modifications to FMLA, use of COVID-related weather and safety leave and sick leave. Earn 1.25 CLE credits.

Session 10

11:15 am – 12:30 pm EDT

The Telework Tango: Communication and Feedback for a Remote Workplace

Presented by Anthony Marchese, PhD., Consultant/Author/Trainer, FELTG Instructor

Course description: One of the biggest surprises of the pandemic was how well many Federal employees transitioned to 100% telework. It was so successful that many employees and agencies expect telework opportunities to expand in a post-pandemic world. Anthony Marchese will explain how to tweak and improve your management and communication skills for a remote staff, with specific guidance on providing employee feedback and setting expectations in a virtual world.

Session 11

1:30 – 2:30 pm EDT

Addressing Microaggressions and Bias in the Federal Workplace

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Microaggressions, whether intentional or not, can be very hurtful to the employees who experience them. Microaggressions and implicit bias can lead to discrimination. FELTG Instructor Meghan Droste, attorney at law, will explain what microaggressions look like it in their various forms, and provide a quick review of EEO law, so you can determine when bias or microaggression might rise to the level of discrimination. Attend the session, learn how to comply with Executive Orders 13985 and 13988, and you’ll be well on your way to providing a safe and inclusive work environment for all employees. Earn 1.25 CLE credits. 1.25

Session 12

3:15 – 4:30 pm EDT

Legal Update: Recent Developments in Federal Employment Law, Part I (MSPB, EEOC, Federal Circuit)

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: In federal employment law, things can change quickly. FELTG Instructor Ann Boehm will review the most recent and relevant cases, regulations, studies and reports from OPM, the EEOC, the courts, OSC, and (hopefully) the MSPB. Attendees will leave with knowledge of recent developments and with an in-depth analysis of the current employment law climate and its impact on the federal workplace. Earn 1.25 CLE credits.

Friday, April 30, 2021

FLRA Day

Session 13

9:30 am – 10:45 pm EDT

Legal Update: Recent Developments in Federal Employment Law, Part II (FLRA, FSIP)

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: Over the past year, the Federal Labor Relations Authority has released several precedent-altering decisions. The Federal Service Impasses Panel has issued several noteworthy decisions, but a new panel is on its way. Join FELTG Instructor Joseph Schimansky, the former Executive Director of the Federal Service Impasses Panel, as he reviews the cases and explains what it all means for federal counsel, HR professionals, and labor relations practitioners. Earn 1.25 CLE credits.

Session 14

11:15 am – 12:30 pm EDT

Labor-Management Partnerships: What if They Are Back in Vogue?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: With a change in Administration often comes a new approach to labor management relations. And with a Democrat in the White House, we’re likely to soon see a push for a more collaborative method. Will it be like the Clinton-era partnerships? Or more like a Obama-era forums? FELTG Instructor Ann Boehm will explain what the new approach will likely look like, and how you and your agency can best prepare. Earn 1.25 CLE credits.

Session 15

1:30 – 2:45 pm EDT

Impact and Implementation Bargaining in the Federal Workplace

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: When an agency makes a change, it may trigger an obligation to negotiate. In late 2020, however, the Federal Labor Relations Authority released three precedent-breaking decisions that pushed the reset button on bargaining with unions. The Authority’s decision in U.S. Department of Education, in particular, seriously diluted that management obligation to negotiate. FELTG Instructor Joe Schimansky will explain the standard for triggering a duty to bargain over impact and implementation. Earn 1.25 CLE credits.

Price

• Early Bird Tuition (register by April 13): One Session = $130 (April 27-29) | One SessIon = $135 (April 30)  |                                      April 27-29 All Access = $1400 |  April 27-30 All Access with Labor Relations = $1725
• Standard Tuition (register April 14-30): One Session = $160 | One SessIon = $165 (April 30)  |                                                            April 27-29 All Access = $1500 |  April 27-30 All Access with Labor Relations = $1825
• Rates per registrant.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast its Virtual Training Institute events. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• How do I claim CLE or EEO refresher credits?
  • This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
• Can I get HRCI credits for attending this class?
  • Each session is approved for 1.25 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through April 13.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

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Course Description

Let’s face it: Being a federal sector Employee Relations Specialist is a tough job. It’s great to know the basics, but the basics don’t always help you when you’re facing complicated or challenging situations. That’s when you realize that there is much more to learn. No worries. The FELTG Virtual Training Institute presents Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations training you need most.

You’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation, and more. Plus, interactive workshops will allow you to leave with the tools you’ll need to succeed. And it will all be taught by FELTG Senior Instructor Barbara Haga.

The program runs 9:00 – 4:00 each day and is approved for 18 HRCI general recertification credits.

Instructor

Barbara Haga

Daily Agenda:

Tuesday, May 4

Leave and Attendance: Administering leave, with particular emphasis on sick leave, LWOP, and FMLA. Detailed review of sick leave provisions including authorized purposes for use of sick leave, limitations on use of sick leave for family care and bereavement, eligibility to use leave for care, notice requirements, acceptable documentation. Management actions to control use of leave and abuse of sick leave. Detailed review of FMLA provisions including eligibility to invoke FMLA, entitlement, coverage of family members, administration and notice requirements. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave, including Paid Parental Leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.

Wednesday, May 5

Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans. Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny to conducting a bona fide PIP to ensuring that due process is met in effecting an action on unacceptable performance.

Thursday, May 6

Misconduct and Other Related Issues: Implementation of a successful disciplinary program – delegation of authority, role of advisors, warnings and cautions, use of administrative leave. Nexus. Dealing with comparators in determining a penalty. Involuntary actions – resignations and retirements. Ordering and Offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, disability retirement, separation disability; conduct unbecoming; misuse and technology-related misconduct; failure to meet conditions of employment.

Pricing

• • Early Bird Tuition (register by April 19):
    • 3 days = $1370
    • 2 days = $970
    • 1 day = $530

    Standard Tuition (register April 20 – May 6):

    • 3 days = $1470
    • 2 days = $1070
    • 1 day = $630

     

Seminar registration includes a printed copy of the materials. In order to have the best chance to receive materials by the training date, please register by April 19 and provide a shipping address, and your materials will be sent via USPS Priority Mail. Registrations received after April 19 will also receive printed materials, which will be shipped Priority Mail when registration is received; they may not arrive in time for the training.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through April 19.