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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 14003, plus updated OPM regulations on performance and conduct and the very latest on the vaccine mandates.

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).

Registrants for both days will also receive a copy of the textbook UnCivil Servant: Holding Federal Employees Accountable for Performance and Conduct, 5th Ed., by William Wiley and Deborah Hopkins.

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, February 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, February 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: $390 per session, $720 for both sessions (register by January 25).
• Standard Tuition: $420 per session, $750 for both sessions (register January 26-February 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 Zoom for its Virtual Training Institute events. 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 January 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 January 25 and provide a shipping address. Registrations received after January 25 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

Download Individual Registration Form

The Board is back and now is the right time to sharpen your MSPB skills and refresh your knowledge.

And in the five years since MSPB last had a quorum, the civil service world, particularly as it applies to employee relations, has not stood still. Change happened, sometimes 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.

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 Individual Registration Form

Event Description

A politicized multi-year pandemic, a change in Administration, and nationwide trends, such as the Great Resignation, have set the Federal workplace reeling with seemingly new and daunting employment-related challenges, along with several that won’t go away. FELTG’s four-day training event Emerging Issues in Federal Employment Law returns for a third straight year, poised to provide you with the strategies and challenges to meet these unique times.

Three years ago, who would have thought that:

• Federal agencies would be devising detailed plans to create hybrid workplaces?
• The FLRA, under a Democratic Administration, would continue to issue decisions rankling unions?
• The MSPB would go without a quorum for nearly 1,900 days?
• Diversity and inclusion efforts would go from persona non grata to major priority with the stroke of a pen?
• A Federal Circuit would suddenly end 40 years of MSPB precedent on PIPs, only to have OPM release conflicting guidance months later?
• EEO discrimination issues would continue to flourish despite a majority of employees working from home?

The FELTG Virtual Training Institute’s Emerging Issues in Federal Employment Law program offers 11 unique and timely sessions to help you navigating these unsettling times. Hold remote and on-site employees equally accountable for performance and conduct. Stay up to date on changing legal issues involving performance improvement, leave, labor relations and more. Identify and prepare your agency for new EEO trends. Learn effective strategies for managing in a hybrid workplace and negotiating collective bargaining agreements.

We’ve developed these sessions to fit into your busy workdays. The training sessions are 75 minutes long, and you can register for all or for any of them individually. Or you can register for a whole day. Or all four days. Earn CLE credits and EEO refresher training credits.

The training is presented LIVE by FELTG’s experienced and respected instructors, who will answer your questions, so you get answers in real time.

Download Individual Registration Form

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

Tuesday, April 26, 2022

The New Hybrid Workplace

Session 1

10:30 – 11:45 am ET

Holding Employees Accountable Regardless of Their Work Location

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: Agencies face many challenges and unanswered questions about performance and conduct as they attempt to bring some workers back to the physical workspace. How do you hold workers accountable for performance and conduct when some are in the office and others are remote? How do you provide a performance demonstration period for an employee who is teleworking? As always, FELTG has the answers when it comes to accountability. Attendees will leave with a simple and effective approach to accountability, regardless of where the employee is working. Earn 1.25 CLE credits.

Session 2

1:00 – 2:15 pm ET

What to Do When Harassment Occurs Outside the Building

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course Description: Hostile environment harassment can be alleged based not only on sex, but any protected category, such as race, national origin, religion, disability, and more. With the pandemic-fueled increase in telework and virtual meetings, and continued vitriol on social media, hostile environment harassment does not require that people be in the same location. Attendees will learn how to identify hostile work environment scenarios, discuss agency and supervisory liability, and develop successful prevention techniques. Earn 1.25 CLE credits. 1.25

Session 3

3:00 – 4:15 pm ET 

The New World of Work: Understanding Expectations, Aspirations, and Opportunities

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

Course Description: The Pandemic of 2020-2022 thrust leaders into an unusual, unsettling territory where many are unequipped to rapidly respond to the systematic shift in employee expectations. Employees want increased autonomy and a voice in the decision-making process. With increased scrutiny of the employee value proposition (EVP), employees are eagerly anticipating how things will look in the next 6-12 months. Attendees will learn about embedded and emerging trends happening across the Federal landscape and leave with relevant best practices to navigate this landscape as a supervisor.

Wednesday, April 27, 2022

The Ever-Changing Law

Session 4

10:30 – 11:45 am ET

Santos, OPM and Performance Accountability: What Gives?

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course Description: Last year, the Federal Circuit in Santos v. NASA undid more than 40 years of case precedent, requiring agencies to have substantial evidence of poor performance before they can place an employee on a PIP. Yet, OPM’s proposed regulations, while not yet final, seem to indicate that employees must first be notified and given an opportunity to improve. Don’t let these seemingly contradictory approaches keep you from taking appropriate action. Attendees will leave this session with clear guidance and an effective approach for placing an employee on notice about unacceptable performance and explaining to the employee what’s required next. Earn 1.25 CLE credits.

Session 5

1:00 – 2:15 pm ET

What’s New in Leave 2022?

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

Course description: Leave is an ever-changing topic and 2022 is no exception.  The passage of the NDAA for FY 2022 created a new type of leave: Parental Bereavement Leave will allow for two weeks of paid time off in the event of death of a son or daughter.  The devil, of course, is in the details.  Which employees are covered?  How is son or daughter defined?  As if that wasn’t enough, the NDAA for FY 2021 made a change to the type of service that is qualifying to become FMLA eligible, and the regulations implementing the Paid Parental Leave Act issued in 2020 made some changes to the basic FMLA entitlement.  The session will cover these changes, as well as leave in COVID-related situations. Earn 1.25 CLE credits.

Session 6

3:00 – 4:15 pm ET

Federal Employment Law Update: Significant Cases and Developments

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: The MSPB is back and delivering decisions, the FLRA and EEOC continue to issue important decisions, the Federal Circuit has been hopping, and OPM regularly updates its guidance. A District Court in Texas recently put a hold on major Federal workplace mandates, and a Federal Appeals court has recently struck down FLRA policy decisions. It’s a lot to keep up with. That’s why you need to join FELTG for this fast-paced review of the most surprising, significant, and groundbreaking developments in Federal employment law. Earn 1.25 CLE credits.

Thursday, April 28, 2022

Post-COVID EEO Challenges

Session 7

10:30 – 11:45 am ET

The Widening Net of Reprisal Discrimination

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course description: Reprisal is asserted in almost half of all EEO complaints, and it’s the most common discrimination finding in Federal sector cases. With increasing political and societal rifts creating workplace conflicts, ongoing questions about employee vaccination and exemption status, and the soon-to-be imminent return of many Federal employees to the physical workplace, EEO challenges such as reprisal are expected to grow even more. Attendees will learn the various forms of EEO reprisal and receive important guidance on how to limit it from happening at your agency. Earn 1.25 CLE credits.   1.25

Session 8

1:00 – 2:15 pm ET

Telework as a Reasonable Accommodation When Employees Return to the Workplace

Presented by Ricky Rowe, Former National EEO Manager/Veterans Administration

Course description: By most accounts, telework was an enormous success for Federal agencies over the past two years. As you start the process of returning most employees back to the physical workplace, it’s likely that you’re going to receive a sudden increase in requests for telework, likely within the framework of reasonable accommodation. OPM guidance last summer anticipated as much. Attend this session to best prepare yourself for this onslaught of requests and give you and your staff a proper guide on how to determine whether telework is an effective reasonable accommodation, and what alternative accommodations might be available as well. 1.25

Session 9

3:00 – 4:15 pm ET

When Medical Issues Cause Performance and Misconduct Problems

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course description: Few situations draw as much angst among supervisors as when they have an employee with a physical or mental impairment who is struggling to do the job and/or failing to meet conduct standards. With the rise in mental health diagnoses, substance abuse disorders and the physical challenges that come with an aging workforce, Federal supervisors can expect more of these gut-wrenching situations. If the employee already has a reasonable accommodation, can you put him on a PIP or must you offer a new reasonable accommodation first? Should disability be a mitigating factor in discipline? How do you process removals for medical inability to perform? Attendees will learn the answers to these questions and much more.Earn 1.25 CLE credits. 1.25

Friday April 29, 2022

Labor Relations Spotlight

Session 10

10:30 – 11:45 am ET

Representation Decisions Under FLRA

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

Course description: The FLRA, by a 2-1 margin, recently rejected requests to throw out its 2020 decision that stripped immigration judges of their collective bargaining rights. This rejection came just a month after the Biden Administration reversed a Trump-era policy and officially recognized the union. In this session, Mr. Schimansky will examine Representation decisions under the current FLRA and what they mean for agencies and unions in the short and long term. Earn 1.25 CLE credits.

Session 11

1:00 – 2:15 pm ET

What I Learned as a Chief Management Negotiator

Marcus Hill, Principal/Hill Management Consultancy, FELTG Instructor

Course description: Have you been appointed chief management negotiator charged with representing the agency during collective bargaining with the union? Were you a little apprehensive or challenged how to start and ultimate accomplish this critical assignment? Whether you are a seasoned labor relations professional or a manager possessing little to no collective bargaining experience, this session is for you. During his distinguished Federal career, Mr. Hill served as Chief Management Negotiator on several occasions, achieving effective collective bargaining agreements for industrial and professional environments. Mr. Hill will share experiences, and successful strategies that will result in win-win, labor-management agreements.

Price

• Early Bird Tuition (register by April 11):
  • One Session = $150
  • One Day (Three Sessions) = $395
  • Labor Relations Day = $275
  • April 26-28 All Access  = $1175
  • April 26-29 All Access with Labor Relations = $1450
• Standard Tuition (register April 12-29)
  • One Session = $175
  • One Day (Three Sessions) = $495
  • Labor Relations Day = $325
  • April 26-28 All Access = $1475
  • April 26-29 All Access with Labor Relations = $1795
• Rates per registrant and may not be used for groups under any circumstances. No split registrations.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast its Virtual Training Institute events. 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.
• 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 11.

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.

Download Individual Registration Form

Tuesday, May 3

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, May 4

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm eastern (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, May 5

Session 3: Conducting the Investigation and Writing the Report

12:30 pm – 4:00 pm eastern (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 April 18): One Session = $340  |  Two Sessions = $650  |  Full Event = $900
• Standard Tuition (register April 19-May 5): 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 April 18. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast 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.
• 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 available through April 18.

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 14003, plus OPM’s updated regulations on performance and conduct, and the very latest on the vaccine mandate.

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).

Registrants for both days will also receive a copy of the textbook UnCivil Servant: Holding Federal Employees Accountable for Performance and Conduct, 5th Ed., by William Wiley and Deborah Hopkins.

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

Tuesday, May 24

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.

Wednesday, May 25

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: $390 per session, $720 for both sessions (register by May 9).
• Standard Tuition: $420 per session, $750 for both sessions (register May 10-25).
• 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 its Virtual Training Institute events. 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 May 9.
• 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 May 9 and provide a shipping address. Registrations received after May 9 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

Download Individual Registration Form

Course Description

Federal employees have historically enjoyed a wide variety of leave-related benefits. Those benefits have only increased in recent years, most recently in the form of paid parental leave. It’s no wonder that leave, which is not always an entitlement, has become such a complex and seemingly burdensome issue, especially when they intersect with other laws. And then there are also the challenges related to the COVID-19 pandemic.

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.

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 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, Deborah Hopkins, Katherine Atkinson, Robert Woods 

Daily Agenda:

Monday, June 13

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, June 14

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

Wednesday, June 15

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, June 16

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, June 17

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 May 27):

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

Standard Tuition (register May 28-June 17):

• 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 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.
• 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 May 30.

Download Individual Registration Form

Course Description

Whether you’re representing your agency before the Merit Systems Protection Board or the Equal Employment Opportunity Commission, there is one ultimate goal: Win the case. There is no other class that will prepare you better for these kinds of hearings. FELTG Instructor Katherine Atkinson is an experienced litigator. She will walk you through each step of the process from the acknowledgement order through your closing statement, to ensure that you meet that ultimate goal. 

On the first day, Ms. Atkinson will share strategies for developing a theory of the case, and offer guidance for the process including discovery, depositions, and motions practice. The second day will focus on developing the record, plus offer tips on litigation techniques to improve your skills – and make your position stand out. Ms. Atkinson will deliver the content in practical, useful modules that provide the student with the tools needed to effectively practice employment law and represent the client when it matters most.

This two-day special event will be presented live, and you’ll have time to ask questions and get answers in real time.

This program runs from 1:00 pm – 4:30 pm eastern each day, with a 30-minute break midway.

Download Individual Registration Form

Instructor

Katherine Atkinson

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; Union Representatives.

Agenda

Wednesday, August 3

Developing a Theory: Strategies for developing a theory of the case; requesting and responding to written discovery requests (Interrogatories, Requests for Documents and Requests for Admissions); taking and defending depositions.

Thursday, August 4

Developing the Record: Pre-hearing submissions; opening statements; direct examination; cross examination; closing statements.

Price

• Early Bird Tuition: $355 per session, $690 for both sessions (register by July 15).
• Standard Tuition: $395 per session, $750 for both sessions (register July 16 – August 4).
• 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 its Virtual Training Institute events. 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.
• 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 July 15.
• 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.

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 Federal Workplace 2022: Accountability, Challenges, and Trends offers short, engaging, and guidance-filled training sessions to help you effectively manage the Federal employment challenges that are new, complicated, and critical to your and your agency’s success.

Each day focuses on a specific topic – a day each on Accountability, Challenges, and Trends. And we’ve added a bonus fourth day with a focus on Labor Relations. During the course of this program, FELTG instructors will share the best practices and lessons learned over the previous year, and provide the guidance and expertise you’ll need to thrive when faced with issues such as charging for misconduct, preparing performance narratives, reassessing reasonable accommodation post-COVID, harassment other than EEO, creating an inclusive mentality, preparing to bargain and much more. And we’ll get you up to date on the latest decisions from EEOC, MSPB, and FLRA.

We know you have plenty of training options – both onsite and virtual – to choose from this time of year. This program has several advantages. Although not a conference, it provides an opportunity for conference-like training for those who can’t get travel approval, or for those not quite ready to squish themselves back into packed training rooms. Other virtual training providers make you register and pay for the full agenda. Not FELTG. This training event allows attendees to register for only the sessions they prefer to attend.

In addition, FELTG is an SBA-certified Woman Owned Small Business, allowing your agency to help achieve its small business set aside fiscal targets. And if all that wasn’t enough, Federal Workplace 2022: Accountability, Challenges, and Trends is completely live, and attendees have the opportunities to ask questions and engage in polls and other activities.

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; DEIA specialists, Federal supervisors and managers; emerging leaders; union representatives.

Download Individual Registration Form

Monday, August 29, 2022

Spotlight on Accountability

Session 1

10:30 – 11:45 am EDT

Is That Misconduct? What Do I Charge?

Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

Too often, a misconduct action is derailed not by lack of evidence, but due to a poorly drafted disciplinary charge. Attend this session to ensure that doesn’t happen to you. FELTG Instructor Bob Woods will cover the art and science behind drafting disciplinary charges, including the types of charges, parts of a charge, how charges are interpreted, and alternative charges. He’ll provide guidance on the best charge for any disciplinary scenario. This class will also include discussion of new MSPB cases involving charges.

Learning takeaways

Attendees will learn how to:

• Discern between misconduct and poor performance.
• Identify the pros and cons of the three different styles of charging.
• Recognize why certain charges may fail, and select alternatives that will withstand review.

Session 2

1 – 2:15 pm EDT

Make Your Best Case: Effectively Preparing Performance Narratives

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

Preparing performance narratives can be tough. It’s a lot of writing, sometimes it’s hard to make the documentation you have fit what was written in the performance plan, and sometimes you know there’s going to be a fight about what you put down on that form. It may be the employee who thinks the rating should be higher. Sometimes, it’s a reviewer who doesn’t necessarily see your employee’s performance at the same level as you do. And, in some agencies, there are review panels that may be scouring your documentation. FELTG Senior Instructor Barbara Haga provides guidance to make preparing performance narratives less tough – and more effective.

Learning takeaways

Attendees will learn how to:

• Ensure they have the right criteria to measure an individual’s performance.
• Identify poorly written narratives and explain how to correct them.
• Write narratives of deficient performance that will stand up if challenged.

Session 3

3 – 4:15 pm EDT

What You Think You Know About AWOL is Probably Wrong

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

(Earn 1.25 CLE credits)

You can’t discipline an employee for AWOL unless it has reached a certain number of days. Employees can’t be removed for AWOL. You can’t be charged AWOL for time that you were physically present in the office. None of these statements is true; they are AWOL myths. During this presentation, FELTG President Deborah Hopkins will shatter those myths and provide you with clear guidance on how to handle situations when an employee doesn’t show up for work. She’ll also explain the difference in AWOL as a charge and AWOL as a non-pay status, and provide strategies on how to handle employees who don’t report for duty.

Learning takeaways

Attendees will learn how to:

• Understand the elements of the charge of Absent Without Leave or Unauthorized Absence.
• Determine reasonable penalties when AWOL is charged.
• Identify situations where a perceived AWOL might be another type of absence.

Tuesday, August 30, 2022

Spotlight on Challenges

Session 4

10:30 – 11:45 am EDT

Other Types of Harassment: Beyond Discriminatory and Sexual Harassment

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

(Earn 1.25 CLE credits)

Not everyone has the same definition of “harassment.” While most professionals recognize harassment that violates Title VII, some employees consider it harassment when supervisors provide unflattering performance feedback.  And, in between, there are threatening, intimidating, and disturbing acts that are unrelated to protected classes, but nonetheless must be addressed as misconduct. FELTG President Deborah Hopkins will not only identify the lines that separate these different levels of harassment both perceived and real, but also explain how and when to address harassment as misconduct.

Learning takeaways

Attendees will learn how to:

• Differentiate between non-EEO harassment, EEO harassment, and actions that don’t qualify as harassment.
• Use the appropriate disciplinary framework for handling harassment as misconduct.
• Recognize agency obligations for addressing harassing employee behavior.

Session 5

1 – 2:15 pm EDT

Preparing for COVID-19 EEO Challenges in FY23

Presented by Ricky Rowe, former National EEO Manager/Veterans Administration, FELTG Instructor

As much as we are all ready to move on from COVID-19, the latest variant has made it clear: The virus is not done with us. As summer moves to fall, agencies will face new roadblocks returning employees to the physical workplace while keeping safe those employees who are already there. In this presentation, FELTG Instructor Ricky Rowe will focus on the relative laws and guidance surrounding temperature screening, which agencies will need to be familiar with this upcoming fiscal year.  This presentation will include the most up-to-date guidance available at that time.

Learning takeaways 

Attendees will learn how to:

• Implement the most updated guidance from the EEOC, CDC, the Task Force, etc.
• Recognize the potential legal pitfalls of seeking certain medical information.
• Create an effective, lawful, and operational framework for temperature screening employees.

Session 6

3 – 4:15 pm EDT

Managing a Potentially Suicidal Employee

Presented by Shana Palmieri, LCSW, CCO & Co-founder, XFERALL, FELTG Instructor

As suicide rates rise across the country, the impact is being felt in the workplace. Learning how to correctly manage an employee’s suicidal crisis and ideations is increasingly important. Knowing what to do, and when, might save an employee’s life. Shana Palmieri, LCSW will provide an overview of suicide ideation in the country and, more specifically, the workplace. She’ll share the signs, symptoms, and appropriate responses when managing an individual suffering with suicidal thoughts.

Learning takeaways

Attendees will learn how to:

• Communicate effectively with employees with suicidal ideation.
• Identify the signs and symptoms of suicide that indicate the need for professional intervention.
• Handle behavioral health emergencies.

Wednesday, August 31, 2022

Spotlight on Trends

Session 7

10:30 – 11:45 am EDT

The Power of an Inclusive Mentality

Presented by J. Bruce Stewart, PhD, Chief Executive Officer, Small World Solutions

What do rats addicted to heroin, Rosa Parks, a third-grade school teacher, a prize winning stage director, Miles Davis, and a little girl who has a form of autism called Williams Syndrome have in common? They have figured out the code to great performance.  And that code? It is Inclusive Mentality. Dr. Stewart, former Deputy Director for Diversity and Inclusion for the Office of Personnel Management and creator of OPM’s New IQ, will explain what the inclusive mentality code is and how it can be unlocked to unleash the full potential of diverse teams, in line with the President’s DEIA mandates.

Learning takeaways

Attendees will learn how to:

• Develop an inclusive mentality for team and organizational success.
• Explain why diversity alone or inclusion alone is not the answer but instead a big part of the problem.
• Make others around you better (and explain why it’s the key 21st Century skill).

Session 8

1 – 2:15 pm EDT

Revisiting Existing Reasonable Accommodations

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

One of the most important, yet often forgotten, parts of the reasonable accommodation process is the follow up. Sometimes, accommodations are no longer effective, no longer needed – or, perhaps, a more effective accommodation has become available. It’s a win-win process. And as employees start returning to the physical workplace after, for some, more than two years of remote work, now is the time to re-evaluate the effectiveness of employees’ reasonable accommodations. FELTG Instructor Katherine Atkinson, Attorney at Law, will explain why this is important and how to go about ensuring you find the right accommodation.

Learning takeaways

Attendees will learn how to:

• Restart the interactive process.
• Make an appropriate reasonable accommodation determination.
• Determine if telework is an effective accommodation.

Session 9

3 – 4:15 pm EDT

MSPB and EEOC Case Law Update

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

Whether you’re an HR professional, attorney, EEO specialist, or supervisor, keeping up with the ever-evolving Federal employment law is a necessity. Change happens quickly. This fast-paced review of the most relevant cases from the EEOC, the newly minted MSPB, and the Federal Circuit will ensure you’re not behind the times. Attendees will leave with knowledge of recent developments and with an in-depth analysis of the current employment law climate and its impact on the Federal workplace.

Learning takeaways

Attendees will learn how to:

• Determine the impact recent MSPB decisions on whistleblowing.
• Identify the recent critical decisions from the EEOC.
• Understand the effect of new Federal Circuit decisions on the executive branch.

Thursday, September 1, 2022

Spotlight on Labor Relations

Session 10

10:30 – 11:45 am pm EDT

What’s Happening in Federal Labor Relations?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

Ann Boehm, who spent 26 years as a government attorney (including a stint at the Federal Labor Relations Authority), will look at what’s been happening at the FLRA and what’s likely to happen now that third member Susan Tsui Grundmann has been confirmed. She’ll review recent decisions by the Federal Service Impasses Panel and discuss the five memos recently released by OPM that address enhanced workers’ rights.

Learning takeaways

Attendees will learn how to:

• Identify areas of labor law that may change with a fully staffed Authority.
• Understand the recent decisions from the FLRA and FSIP.
• Explain what your agency needs to do to meet OPM’s expectations for labor management relations.

Session 11

1 – 2:15 pm EDT

Preparing to Bargain

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

(Earn 1.25 CLE credits)

Whether you’re currently preparing to negotiate with the union or if it’s a year down the road, this is a do-not-miss session. Joseph Schimansky will provide you with key strategies and guidance to ensure you are well-equipped to begin negotiations, and have a plan to successfully navigate the bargaining process.

Learning takeaways

Attendees will learn how to:

• Identify the work that must be done before bargaining begins.
• Build an effective bargaining team.
• Evaluate your bargaining techniques for the most effective approach.

Pricing

• Early bird pricing for individual sessions starts at $150 per session. Daily and full event All Access discounts available.
• Early Bird discounts available until August 12.
• See registration form for full pricing details.

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.
• Can I earn CLE credits for this class?
  • This program is submitted for CLE credits to the State Bar of Virginia, and we anticipate approval within. few weeks. Individual 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 All Access registration options only. Group discounts are available through August 12.

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).

Registrants for both days will also receive a copy of the textbook UnCivil Servant: Holding Federal Employees Accountable for Performance and Conduct, 5th Ed., by William Wiley and Deborah Hopkins.

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 7

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 8

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: $390 per session, $720 for both sessions (register by August 23).
• Standard Tuition: $420 per session, $750 for both sessions (register August 24-September 8).
• 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 its Virtual Training Institute events. 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 August 23.
• 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 August 23 and provide a shipping address. Registrations received after January 25 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

Download Individual Registration Form

The Board is back and now is the right time to sharpen your MSPB skills and refresh your knowledge.

And in the five years since MSPB last had a quorum, the civil service world, particularly as it applies to employee relations, has not stood still. Change happened, sometimes 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.

The program runs 12:30 – 4:30 pm eastern each day, with a 30-minute break midway.

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 Individual Registration Form

Course Description

Federal employees have historically enjoyed a wide variety of leave-related benefits. Those benefits have only increased in recent years, most recently in the form of paid parental leave. It’s no wonder that leave, which is not always an entitlement, has become such a complex and seemingly burdensome issue, especially when they intersect with other laws. And then there are also the challenges related to the COVID-19 pandemic.

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.

The program runs 12:30 – 4:30 each day (all times eastern), with a break midway through. Participants will receive program materials via email the week before the training.

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, Deborah Hopkins, Katherine Atkinson, Bob Woods

Daily Agenda:

Monday, September 26

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 27

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 28

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, September 29

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, September 30

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 9):

• 5 days = $1495
• 4 days = $1225
• 3 days = $935
• 2 days = $700
• 1 day = $370

Standard Tuition (register September 10-30):

• 5 days = $1575
• 4 days = $1305
• 3 days = $995
• 2 days = $730
• 1 day = $400

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.
• 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 9.

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 1:00 – 4:30 eastern each day, with a 30-minute break from  2:30 – 3:00 eastern.

Download Individual Registration Form

Tuesday, October 4

Session 1: Investigating Harassment: Misconduct Principles

1:00 pm – 4:30 pm eastern (break from 2:30 – 3:00)

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 5

Session 2: Understanding Harassment and Planning the Investigation

1:00 pm – 4:30 pm eastern (break from 2:30 – 3:00)

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 6

Session 3: Conducting the Investigation and Writing the Report

1:00 pm – 4:30 pm eastern (break from 2:30 – 3:00)

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 September 19): One Session = $370  |  Two Sessions = $700  |  Full Event = $935
• Standard Tuition (register September 20-October 6): One Session = $400  |  Two Sessions = $730  |  Full Event = $995
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through September 19. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast 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.
• 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 available through September 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 Individual Registration Form

Course Description

Employee relations professionals: FELTG’s three-day Advanced ER virtual training event gives you the kind of interactive foundational-based, training necessary to handle the most challenging and complicated situations.

Attendees will  receive in-depth training on topics including leave, performance, misconduct, and more. Have an employee who is absent so often she is unable to perform her job? Wondering how Paid Parental Leave works with FMLA? When is the last time you looked at critical elements? FELTG Senior Instructor Barbara Haga will give you the tools you need to handle any employee relations issue that comes your way, as well as guidance on ensuring that some of those challenges never arise.

The program runs 9:30 – 4:30 ET each day and is approved for 18 HRCI general recertification credits.

Instructor

Barbara Haga

Daily Agenda:

Tuesday, November 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, 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, November 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. 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, November 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 October 17):

• 3 days = $1370
• 2 days = $970
• 1 day = $530

Standard Tuition (register October 18 or later):

• 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 October 17 and provide a shipping address, and your materials will be sent via USPS Priority Mail. Registrations received after October 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 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.
• 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 October 17, 2022.

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).

Registrants for both days will also receive a copy of the textbook UnCivil Servant: Holding Federal Employees Accountable for Performance and Conduct, 5th Ed., by William Wiley and Deborah Hopkins.

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

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 8

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 9

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: $425 per session, $755 for both sessions (register by January 24).
• Standard Tuition: $525 per session, $855 for both sessions (register January 25-February 9).
• 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 its Virtual Training Institute events. 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 January 24.
• 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 24 and provide a shipping address. Registrations received after January 24 will also receive a textbook, but materials are not guaranteed to arrive by the training date.