MSPB Law Week covers the basics of charges, penalties and performance cases, with special emphasis on leave abuse and medical issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
Become a certified MSPB practitioner: MSPB Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda:
Monday
Adverse Actions: The five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline
Tuesday
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, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Obama-Board and big penalty mitigation changes.
Thursday
Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.
Friday
Defending Against Affirmative Defenses: Claims of harmful error; whistleblower reprisal; reprisal for union activity; excessive penalty findings. Special Discussion: Recent Procedural Errors.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2050
- 4 days = $1680
- 3 days = $1290
- 2 days = $910
- 1 day = $490
As an Employee Relations Specialist, you have a challenging job –- and once you know the basics, you realize there is always more to learn. So, FELTG is happy to present Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations topics you need most.
Held in lovely San Francisco in December 2016, you’ll receive three days of in-depth training on topics including leave, performance, misconduct and more. Plus, hands-on workshops will allow you to leave with the tools you’ll need to succeed.
The program runs 8:30 – 4:00 each day.
Instructor
Daily Agenda:
Monday
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. Aacceptable 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.
Tuesday
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.
Wednesday
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
- 3 days = $1290
- 2 days = $910
- 1 day = $490
Attention, all federal supervisors (and those who advise them): this is a program you can’t afford to miss. This week covers a range of topics including employee performance and conduct, FMLA and other leave scenarios, EEO and disability discrimination, workplace management and leadership skills, and supervising unionized employees.
As a bonus, supervisors who complete this training meet OPM’s mandatory training requirements for new supervisors found at 5 CFR 412.202(b).
The program runs 8:30 – 4:00 each day.
Instructors
William Wiley, Deborah Hopkins, Barbara Haga.
Daily Agenda:
Monday
Uncivil Servant: Holding Employees Accountable for Performance and Conduct: Fundamentals of disciplinary actions and unacceptable performance actions; establishing rules of conduct; proving misconduct; selecting a defensible penalty; providing due process via agency discipline procedures; writing valid performance standards; implement a Performance Improvement Plan; removal for unacceptable performance in 31 days.
Tuesday
The Manager’s Role in EEO: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability and reprisal; what to do if you’re a Responding Management Official in a complaint; EEO witness tips.
Wednesday
Essential Management Skills for Federal Supervisors: Communicating effectively with employees; managing a multigenerational workforce; handling difficult employees; managing a mobile workforce; mentorship; honing your presentation skills; conducting effective meetings.
Thursday
Effectively Managing Employee Leave Issues: Annual leave; sick leave; Leave Without Pay; FMLA; medical certification requirements; substitution of paid leave; leave stacking.
Friday
Supervising in a Unionized Environment: What every supervisor should know about federal labor unions; collective bargaining agreements; official time; LR meetings; an overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; unfair labor practices; controlling official time; handling information requests.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2075
- 4 days = $1705
- 3 days = $1315
- 2 days = $935
- 1 day = $515
Registered participants will receive a copy of the textbook UnCivil Servant, fourth edition (pending publication date).
MSPB Law Week covers the basics of charges, penalties and performance cases, with special emphasis on leave abuse and medical issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
Become a certified MSPB practitioner: MSPB Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda:
Monday
Adverse Actions: The five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline
Tuesday
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, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Obama-Board and big penalty mitigation changes.
Thursday
Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.
Friday
Defending Against Affirmative Defenses: Claims of harmful error; whistleblower reprisal; reprisal for union activity; excessive penalty findings. Special Discussion: Recent Procedural Errors.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2070
- 4 days = $1700
- 3 days = $1310
- 2 days = $930
- 1 day = $510
With a new administration in place, your guess is as good as ours about what the state of federal labor relations might become over the next few years. Some major areas of labor law haven’t changed in over 30 years, and some are poised to change soon. Every labor attorney, human resource specialist, and union representative in government needs to have both a firm foundation in the historical perspective and precedence of FLRA decisions, as well as a strategy for taking advantage of any new approaches that are coming out of an ever-evolving Federal Labor Relations Authority. This training week, updated to reflect the current state of the law, does just that.
The program runs 8:30 – 4:00 each day.
Become a certified FLRA practitioner: FLRA Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda
Monday
Basic Management and Employee Rights: An overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; bargaining unit definition; the union organizer’s role; information requests; and official time
Tuesday
Meetings and Bargaining: More on official time, when is the agency obligated to invite a union rep into a formal discussion, the collective bargaining process, the three categories of bargaining, management rights and management maybe’s.
Wednesday
Unfair Labor Practices and Negotiability: What happens when the FLRA comes knocking; what subjects must be bargaining, may not be bargained, and what subjects may be bargained at the agency’s discretion; the Federal Services Impasse Panel; negotiability appeals.
Thursday
Redress Alternatives and the Psychology of Bargaining: The interplay among grievances, appeals, MSPB, and EEOC; exceptions to arbitration awards; selecting a bargaining strategy; there are good ways and bad ways to implement bargaining and a lot of psychology is involved.
Friday
Two Bargaining Approaches and Arbitration Issues: Interest based bargaining as compared to hard ball bargaining, arbitration process overview, binding the arbitrator, how federal government arbitration is different from private sector arbitration and appeals, educating the arbitrator.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2070
- 4 days = $1700
- 3 days = $1310
- 2 days = $930
- 1 day = $510
This week focuses on administrative investigations in the federal workplace, with a focus on investigating employee misconduct. 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, 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.
Sessions run from 8:30 – 4:00 each day.
This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training.
Instructors
William Wiley, Deborah Hopkins, Ricky Rowe
Daily Agenda
Monday
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; witness rights; union representation.
Tuesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation.
Wednesday
Conducting the Investigation, Part II: Setting up the room; question types and techniques; conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; interviewing exercise.
Thursday
Conducting the Investigation, Part III: Gathering other evidence; technology and investigations; high profile case considerations; when misconduct and EEO intersect; testifying at an administrative hearing; rules for being an effective witness.
Friday
Writing the Investigative Report: Organizing for the report; establishing the chronology; report writing style; report writing conventions; report organization.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2120
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
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.
FELTG is here to make federal supervisors’ 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 a non-performing employee working for you now, we show you how you can remove that employee from your workplace in 31 days, among many other things. Join us for this brand-new three-day seminar and come away with the tools you need to hold your employees accountable.
The program runs 8:30 – 4:00 each day and meets OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).
Instructors
William Wiley, Deborah Hopkins
Daily Agenda:
Tuesday
Accountability for Conduct and Performance, Part I: Accountability and supervisory authority; discipline and misconduct theory and practice; penalty defense and due process; discipline procedures and appeals; psychology of performance appraisal; performance-based removal procedures.
Wednesday
Accountability for Conduct and Performance, Part II: Completing a performance action; team workshop; mentoring programs; handling the absent employee; union considerations; understanding the federal supervisor’s personal liability in employment actions.
Thursday
Defending Against Discrimination Complaints: The Supervisor’s Role: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability, genetic information and reprisal; theories of discrimination; agency defenses; what to do if you’re a Responding Management Official in a complaint; what happens if you’re called as an EEO witness.
Pricing
- 3 days = $1350
- 2 days = $960
- 1 day = $530
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed., by Wiley and Hopkins
Download Individual Registration Form
The federal hiring process requires patience. If you’ve finally been granted approval to fill a position, you may be tempted to get someone hired as quickly as possible. But, wait just a moment. Take the time to do it correctly.
This interactive half-day virtual training will prepare managers for conducting legal and successful job interviews. Barbara Haga will share guidance on how to make the most out of interviewing and checking references, from crafting an accurate position description, to asking the right questions, to assessing a candidate’s ability to perform the job.
Topics include:
- Preparing defensible questions for applicants
- Using behavior-based questions to get answers about depth of experience and knowledge
- The requirement to interview all and ask the exact same questions of all candidates – myth or reality?
- Interview practices that work and things to avoid
- Reference checking – getting job-related information from current and past supervisors
Whether you’re in HR or are a supervisor who is looking to hire someone, you’ll want to be sure to make plans to join us. Register today!
Instructor
Price
- Early Bird Tuition (register by November 22): $340
- Standard Tuition (register November 23-December 7): $380
- Rates per registrant.
- 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. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals.
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
The federal hiring process requires patience. If you’ve finally been granted approval to fill a position, you may be tempted to get someone hired as quickly as possible. But, wait just a moment. Take the time to do it correctly.
This interactive half-day virtual training will prepare managers for conducting legal and successful job interviews. Barbara Haga will share guidance on how to make the most out of interviewing and checking references, from crafting an accurate position description, to asking the right questions, to assessing a candidate’s ability to perform the job.
Topics include:
- Preparing defensible questions for applicants
- Using behavior-based questions to get answers about depth of experience and knowledge
- The requirement to interview all and ask the exact same questions of all candidates – myth or reality?
- Interview practices that work and things to avoid
- Reference checking – getting job-related information from current and past supervisors
Whether you’re in HR or are a supervisor who is looking to hire someone, you’ll want to be sure to make plans to join us. Register today!
Instructor
Price
- Early Bird Tuition (register by November 22): $340
- Standard Tuition (register November 23-December 7): $380
- Rates per registrant.
- 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. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals.
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.
Instructor
Course Description
Navigating the FMLA is one of the most complex challenges a federal agency can face and the addition of Paid Parental Leave (PPL) has further complicated matters. Let Federal leave expert Barbara Haga break it all down for you. During this 90-minute webinar, Ms. Haga will explain entitlements, notice requirements, medical certifications and how to hold employees accountable for conduct and performance matters when FMLA leave is involved.
Attendees will work through scenarios to learn how and when to grant FMLA. And there will be several opportunities to ask questions.
Attendees will learn how to:
- Manage substitution of paid leave (including PPL) in place of unpaid FMLA leave.
- Decide what to do when medical documentation is insufficient.
- Identify covered serious health conditions.
Price
- Early Bird Tuition: $295 per site (payment required by January 21)
- Standard Tuition: $325 per site (payments made January 22 or later)
Teleworkers may be added to a main site registration for $50 per teleworker, on a space-available basis.
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.
Instructor
Course Description
There is a lot of confusion about where the authority comes from to hold employees accountable for many things related to their positions. Position descriptions, performance plans, conduct standards, as well as requirements for training and licenses/certifications all fit into this scheme.
This two-part series will help you navigate which tool works best for building in the accountability that your agency should demand. In Part I, the focus will be on establishing effective performance elements and standards. This workshop will include detailed on guidance on writing measures that are understandable and workable as well as defensible.
FELTG Senior Instructor Barbara Haga will explain requirements for establishing various kinds of elements as well as writing standards that measure what is truly important about an employee’s performance. This workshop will include discussion of important MSPB cases about the content of standards.
Attendees will learn how to:
- Identify what critical elements and performance standards are intended to cover
- Craft workable standards that managers can explain and can effectively measure the key things regarding an employee’s performance
- Understand concepts from MSPB case law that explain how to write standards which will withstand scrutiny in grievances and appeals
Price
- Early Bird Tuition: $295 per site, per webinar (payment required by March 28)
- Standard Tuition: $335 per site, per webinar (payments made March 29 or later)
Register for both webinars by March 28 and pay only $570!
Teleworkers may be added to a main site registration for $50 per teleworker, per webinar, on a space-available basis.
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.
Instructor
Course Description
In this second part of the Tools for Accountability series. FELTG Senior Instructor Barbara Haga will cover the range of tools that are available to set job duties and functions, conduct standards, medical standards and physical requirements, and conditions of employment. The session will include discussion of utilizing position descriptions and other agency tools to establish what conduct standards employees are expected to meet. Ms. Haga will explain how to maximize the effectiveness of the tools management can employ to deal with situations when employees fail to meet those requirements.
Attendees will learn how to:
- Ensure effective use of well-crafted position descriptions.
- Establish conditions of employment and taking action when they are not met.
- Understand how medical examinations and physical requirements are established to ensure that employees can safely and effectively perform.
Price
- Early Bird Tuition: $295 per site, per webinar (payment required by March 28)
- Standard Tuition: $335 per site, per webinar (payments made March 29 or later)
Register for both webinars by March 28 and pay only $570!
Teleworkers may be added to a main site registration for $50 per teleworker, per webinar, on a space-available basis.
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
Instructor
Course Description
Performance appraisals. End of cycle ratings on tough-to-track elements. Discussing performance problems with employees. Taking defensible performance actions. Dealing with generic performance plans. Understanding when an issue is best dealt with through performance and when conduct would be a better answer.
If you really want to make performance a priority for your team, especially as you juggle the work of remote and onsite employees, as well as those working a hybrid schedule, then join us for this new half-day virtual training from FELTG Senior Instructor Barbara Haga.
Ms. Haga will take the mystery out of how the system is supposed to work in the Federal government by helping you review your own performance plans to see what’s good and what needs tweaking. She’ll also explain understand appraisal system requirements, including documenting performance and the the importance of timely and effective feedback. Ms. Haga will review important concepts about developing workable performance plans and how to differentiate between conduct and performance matters. The session will include discussion of the necessary steps to take action on deficient. performance improvement plans, and will also guide you through challenging issues like managing a poor performer who requests reasonable accommodation.
Price
- Early Bird Tuition (register by July 12): $355
- Standard Tuition (register July 13 or later): $395
- Rates per registrant.
- Want to register a group? Group discounts for 10 or more attendees are available through July 12. Contact FELTG.
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 individuals. Group discounts are available through July 12.
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.