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Course Description

From chronic pain and chronic fatigue to depression and diabetes, employees may be suffering from physical or mental impairments that aren’t obvious. Meanwhile, far too many federal employees and supervisors have a perception that if a disability isn’t visible, then it must not be “real.” And then there’s the fact that most employees are working remotely during pandemic, making the accommodation process even more challenging for HR professionals, supervisors, and the people who advise them.

Successful reasonable accommodation requires a two-pronged approach:

1. An understanding of how to properly navigate the legal requirements, and
2. Practical strategies to determine the most effective accommodation based upon knowledge of the actual impairments.

FELTG President and attorney at law Deborah Hopkins will kick off this virtual training with a thorough review of the ADA and Rehab Act requirements, plus EEOC guidance on accommodating individuals with mental impairments, behavioral health issues, and other hidden disabilities. Then Licensed Clinical Social Worker Shana Palmieri will discuss the best approaches to take – and those to stay away from – as you work with employees to accommodate their unseen disabilities.

If you attend, you will also have multiple opportunities to ask questions – and get answers in real time. And you will leave this training with a holistic and legally sound approach to providing reasonable accommodations to employees with hidden disabilities. This program runs from 12:30 pm – 4:00 pm eastern, with a 30-minute break from 2:00 – 2:30 pm.

Learning takeaways:

• Understand “qualified individual,” “essential functions,” and other terms integral to determining whether to grant reasonable accommodation.
• Successfully take part in the interactive process.
• Determine whether telework is an appropriate accommodation.
• Explain how certain impairments may impact employee performance.
• Communicate effectively with employees during the reasonable accommodation process.

See the Agenda below for a more detailed list of topics.

3

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Who Should Attend

Reasonable Accommodation Coordinators; EEO managers and directors; EEO specialists; EEO counselors and investigators; federal supervisors and managers who have employees with reasonable accommodation requests; attorneys; Labor and Employee Relations Specialists; union representatives.

Agenda

Part 1 – Reasonable Accommodation: The Legal Groundwork

12:30 – 2:00 pm eastern, with Instructor Deborah Hopkins

Course topics: Overview of Reasonable Accommodation law and the Reasonable Accommodation process; the “regarded as” provision of the Americans with Disabilities Act; a closer look at complicated cases involving determining essential functions, the definition of qualified individual, agency obligations during the interactive process, undue hardship claims, medical documentation, telework as accommodation.

Part 2 – Reasonable Accommodation: Practical Applications

2:30 – 4:00 pm eastern, with Instructor Shana Palmieri

Course topics: Understanding common behavioral health conditions, including PTSD, depression, anxiety, and personality disorders; methods for accommodating employees with hidden disabilities; effective communication strategies; handling the behavioral health emergency.

Price

• Early Bird Tuition: $325 (register by August 31).
• Standard Tuition: $365 (register September 1-8).
• Rates per registrant. No split registrations.

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.
• 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.
• Can I earn CLE credits or EEO refresher training 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. Attendees may also request a certificate for EEO refresher hours upon completion of this program.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available through August 31.

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

FELTG’s flagship course UnCivil Servant empowers federal supervisors and advisers to confidently handle the challenges that come with supervising in the federal workplace. We hope that you never have to fire an employee. But it’s important that you have the tools to effectively address poor performance and misconduct, should the need arise.

Over the course of two half-days, UnCivil Servant identifies misconceptions about performance and misconduct-based actions and provides you with simple step-by-step guidance for taking swift, appropriate and legally defensible actions. The program also covers the very latest with Executive Order 13839, plus OPM regulations on performance and conduct.

Join FELTG for this special event, from wherever you are working – agency office or home. The program will be presented live, and you’ll have time to ask questions and get answers in real time. Note: This course fulfills OPM’s mandatory training requirements for new supervisors found at 5 CFR 412.202(b).

This program runs from 12:30 pm – 4:00 pm eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.

Download Individual Registration Form

Instructor

Deborah Hopkins

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Agenda

Wednesday, September 9

Accountability for Conduct and Performance, Part I: Accountability and supervisory authority; discipline and misconduct theory and practice; the five elements of discipline; off-duty misconduct; penalty defense and due process.

Thursday, September 10

Accountability for Conduct and Performance, Part II: Discipline procedures and appeals; disciplinary documents; defining unacceptable performance; dealing with poor performers; performance-based removal procedures.

Price

• Early Bird Tuition: $295 per session, $560 for both sessions (register by September 1).
• Standard Tuition: $330 per session, $595 for both sessions (register September 2-10).
• Rates per registrant. No split registrations permitted.
• Want to register a group? 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also plans to offer this live event periodically, so check our calendar for upcoming dates.
• 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?
  • If an agency wishes to register 10 or more attendees for the full event, a group discount will be applied if all registrations are received and paid for together. Group discount deadline is September 1.
• 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 earn HRCI credits for attending this class?
  • Each session is approved for 3 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.

Download Individual Registration Form

The civil service world is changing and it’s important to be aware of the new laws and executive orders that apply to you. MSPB Law Week covers the legal requirements and best practices for disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases and defending against whistleblower reprisal complaints. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.

While the near future of the Merit Systems Protection Board remains uncertain, FELTG’s instructors are staying on top of the situation and will provide attendees with the information they need to know.

The program runs 12:00 – 4:00 pm eastern each day, with a break from 1:45 – 2:15.

Download Individual Registration Form

Instructors

Deborah Hopkins, Ann Boehm, Bob Woods

Daily Agenda

Monday

The Foundations of Accountability; Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, President Trump’s 2018 Executive Orders, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, discipline procedures and appeals.

Tuesday

Disciplinary Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.

Wednesday

Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, penalty mitigation; law enforcement officer discipline.

Thursday

Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing Performance Demonstration Periods (DPs, formerly known as PIPs), defeating the DP rollercoaster; the proof needed to take a performance-based action; removing a poor performer in 31 days.

Friday

Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.

Pricing

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

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 Registration Form

Instructor

Deborah Hopkins

Program Description

Did you miss this important event? Register now and we’ll send you a special link and password to view a recorded video of the training on Vimeo. But hurry: This recording will only be available until December 18.

OPM’s updated regulations for 5 CFR Parts 315, 432 and 752 went into effect on November 15. Has your agency implemented them? These regulations provide details on processes and build on Executive Order 13839, to make it easier for agencies to terminate poor performers and those involved in misconduct, plus provide new information on probationary periods, clean record settlements, and more.

If you’ve attended FELTG training in the last couple of years, then you have a good head start on implementing these regulations, and this webinar will ensure you have everything in place. If not, then buckle up as FELTG President Deborah Hopkins presents a fast-paced 60-minute webinar that will answer the following questions:

• What types of assistance must agencies give employees during the performance opportunity period?
• How long should you give employees to respond to allegations of poor performance or misconduct?
• Who is responsible for completing the Douglas Factors analysis?
• How should agencies discipline supervisors who retaliate against whistleblowers?
• Do supervisors need to affirmatively decide to keep probationary employees beyond the initial appointment probationary period?
• And more!

Attendees will leave the webinar with the tools to more effectively hold employees accountable for performance and conduct. You cannot afford to miss this training.

This event is available to view through 5:00 pm eastern on Friday, December 18. Approx. 60 minutes.

Price

$55 per person

Interested in providing access to a large group? Contact us at 844-283-3584, or email [email protected].

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

On his first day in office, President Joseph R. Biden told political appointees he will fire them “on the spot” if they are disrespectful to their federal colleagues. The new boss made it clear: Accountability is a priority.  And there is one course that consistently provides the tools for federal supervisors and advisers to confidently and effectively address poor performance and misconduct.

Download Individual Registration Form

Instructor

Deborah Hopkins

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Agenda

Wednesday, February 10

Accountability for Conduct and Performance, Part I: Accountability and supervisory authority; discipline and misconduct theory and practice; the five elements of discipline; off-duty misconduct; penalty defense and due process.

Thursday, February 11

Accountability for Conduct and Performance, Part II: Discipline procedures and appeals; disciplinary documents; defining unacceptable performance; dealing with poor performers; performance-based removal procedures.

Price

• Early Bird Tuition: $370 per session, $700 for both sessions (register by January 29).
• Standard Tuition: $400 per session, $730 for both sessions (register January 30 – February 11).
• Rates per registrant. No split registrations permitted.
• Want to register a group? Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also plans to offer this live event periodically, so check our calendar for upcoming dates.
• 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?
  • If an agency wishes to register 10 or more attendees for the full event, a group discount will be applied if all registrations are received and paid for together. Group discount deadline is January 29.
• 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.

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 January 29 and provide a shipping address. Registrations received after January 29 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

Download Individual Registration Form

As rioters stormed the Capitol on January 6, it was the heroic actions of an under-staffed Capitol Police team that likely saved numerous lives, including those of many Members of Congress and their staff. Unfortunately, the lives of two Capitol officers have been lost.

The Federal workforce is full of talented and brave law enforcement personnel across many agencies. Yet, just as there is a small minority of misbehaving and toxic Federal workers, the same applies to Federal LEOs. In fact, a number of Federal LEOs have been suspended and others are being investigated as a result of their actions during the riot. And after reports of police officers being identified among the rioters, the promises to be deeper investigations into the infiltration of Federal and non-Federal officers affiliated with hate and white supremacy groups.

This creates a lot of questions regarding LEO conduct:

• How do conduct standards for LEOs differ from other employees?
• Are conduct standards for IG employees the same as other LEOs?
• What kinds of conduct could cause an LEO to have a security clearance revoked?
• When should an agency consider an indefinite suspensions and invoking the crime provision?
• What proof does the agency need to provide if the employee appeals her removal?

Attorney and FELTG Instructor Ann Boehm will highlight the Douglas factors that are of specific importance when disciplining officers, explain the MSPB’s role when a security clearance is revoked, discuss Giglio  issues, and identify the pitfalls that agencies need to avoid when disciplining Federal LEOs. The framework provided will apply to all your agency’s discipline cases whether the conduct involves storming the Capitol, lack of candor, insubordination, and everything in between.

Ms. Boehm spent 26 years as a government attorney, more than half of that time focusing primarily on employment and labor law in federal law enforcement agencies, so she’s just the person to answer any questions you might have – and she’ll do so in this live event.

This is an important topic that can’t be ignored. It is a matter of national security and must be handled appropriately. We hope you’ll join us.

Download Individual Registration Form

Instructor

Ann Boehm

Price

• Early Bird Tuition (register by February 8): $340
• Standard Tuition (register February 9 or later): $380
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through February 8. Contact FELTG.

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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG plans to record this session, and will make the recording available for purchase after the conclusion of the event.
• 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 through February 8.

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

For more than 20 years, FELTG’s flagship course UnCivil Servant: Holding Employees Accountable for Performance and Conduct has empowered thousands of federal supervisors to confidently and effectively address poor performance and misconduct. Now it’s time to take those learned skills to a new level. UnCivil Servant: Next Level provides the opportunity for you to test your knowledge and apply it to several challenging scenarios, based on real-life events federal supervisors are likely to encounter.

Poor performance and misconduct lowers morale and holds your agency back from meeting its mission, so you should never fail to hold an employee accountable. Fail to handle it correctly, and you’ll end up in legal hot water. But if you choose to ignore it, your current situation is going to get worse. A lot worse.

This interactive, workshop-based training tackles the intersection of performance and conduct issues with other areas of the law including pending discrimination complaints, allegations of reprisal or hostile work environment, and disability accommodation requests. Plus, it addresses what to do if you’re a supervisor with new or different expectations than your predecessor.

Attendees will leave this training with step-by-step guidance for taking swift, appropriate, and legally defensible actions in even the most challenging of circumstances.

Course Topics: Supervisory authority; employee rights; understanding when a performance or conduct action is appropriate; holding whistleblowers accountable; properly handling reasonable accommodation claims; effectively dealing with probationer issues; a supervisor’s responsibility in hostile work environment claims.

Requirements:

Prerequisite: It is strongly recommended participants have attended either UnCivil Servant, Developing & Defending Discipline, or MSPB Law Week in advance of this class.

Technology: This class will be held in Zoom and is group-workshop focused, so participation is a must. Participants must have access to internet or telephone audio, to participate in breakout group discussions. Webcams use is welcome but not required.

Time: Class will be held from 9:30 AM to 4:00 PM eastern, with a break from 12:30-1:30.

Class size: This class size is strictly limited to 18 participants, so register early to guarantee your spot.

Instructor

Deborah Hopkins

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Price

• Early Bird Tuition: $625 per attendee (register by February 24).
• Standard Tuition: $675 per attendee (February 25-March 11).
• Rates per registrant. No split registrations permitted.
• Want to register a group? Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom for this Virtual Training Institute event. Many government computers and systems allow Zoom 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also plans to offer this live event periodically, so check our calendar for upcoming dates.
• 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?
  • If an agency wishes to register 10 or more attendees for the full event, a group discount will be applied if all registrations are received and paid for together. Group discount deadline is February 25.
• 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.

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 February 25 and provide a shipping address. Registrations received after April 19 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

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

With one stroke of the pen, President Biden’s Executive Order on Protecting the Federal Workforce revoked President Trump’s Executive Orders 13836, 13837, and 13839 and eradicated the Schedule F classification mandated by Executive Order 13957. This means changes to performance and disciplinary actions, clean record settlements, and more.

Meanwhile, the Federal Circuit, in the precedent-breaking Santos v. NASA, ruled that agencies must have substantial evidence that the employee was performing poorly BEFORE an agency is allowed to put an employee on a performance improvement plan.

As we wait for nominees for the Merit System Protection Board, the civil service world, particularly as it applies to employee relations, continues to change quickly. It’s important to be aware of the laws, regulations, and executive orders that apply to you.

There is one place you can consistently get the best guidance and most up-to-date information you need. MSPB Law Week covers the legal requirements and best practices for disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases and defending against whistleblower reprisal complaints. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.

While the near future of the Merit Systems Protection Board remains uncertain, FELTG’s instructors are staying on top of the situation and will provide attendees with the information they need to know.

The program runs 12:00 – 4:00 pm eastern each day, with a break from 1:45 – 2:15.

Instructors

Deborah Hopkins, Ann Boehm, Bob Woods

Daily Agenda

Monday

The Foundations of Accountability; Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, discipline procedures and appeals.

Tuesday

Disciplinary Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.

Wednesday

Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, penalty mitigation; law enforcement officer discipline.

Thursday

Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, documenting and justifying your decision to put an employee on a Performance Demonstrating Period (DPs, formerly known as PIPs), implementing DPs, defeating the DP rollercoaster; the proof needed to take a performance-based action; removing a poor performer in 31 days.

Friday

Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.

Pricing

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

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.

Download 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.

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.