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 Atlanta in February, 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 – 4:30 each day. The TWELVE Centennial Park is located immediately adjacent to the Civic Center MARTA stop.
Instructor
Daily Agenda:
Tuesday
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.
Wednesday
Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Revised DOD performance system to be implemented in 2016. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans.
Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny to conducting a bona fide PIP to ensuring that due process is met in effecting an action on unacceptable performance.
Thursday
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 = $1310
- 2 days = $930
- 1 day = $510
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).
FELTG has a limited number of rooms blocked off at the hotel for this event, at the $162 per night per diem rate. Be sure to mention this event when booking.
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 = $1325
- 2 days = $945
- 1 day = $525
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed.
The March 2017 class is full and is not accepting new registrations.
Guarantee a seat next time: register now for MSPB Law Week in San Francisco June 12-16, or MSPB Law Week in Washington, DC September 11-15.
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.
The program runs 8:30 – 4:00 each day.
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
Updated to reflect the most current, relevant topics related to employees who aren’t at work, this week brings together two of the most complex areas of federal sector employment law: absences from the workplace, and medical issues that impact employee attendance. Topics include employee leave, leave abuse, and medical issues as they relate to unacceptable performance and conduct, sick leave, annual leave, leave without pay, absence without leave, FMLA, ADA, and telework.
The program runs 8:30 – 4:00 each day.
Instructors
William Wiley, Deborah Hopkins, Barbara Haga, Rock Rockenbach
Daily Agenda:
Monday – Leave Use & Abuse Overview
Types of leave and leave entitlements, overviews of Family Medical Leave Act leave, Office of Workers Compensation Program absences and leave as a reasonable accommodation under the Americans with Disabilities Act, medical determinations, leave abuse, related offenses and controlling principles from case law.
Tuesday – Labor Relations & Other Leave
The impact of collective bargaining on leave-related issues, including negotiability of leave proposals, and relevant rulings of the Federal Labor Relations Authority and the Federal Service Impasses Panel; administrative leave; forced leave; funeral leave; military leave; miscellaneous leave scenarios.
Wednesday – FMLA Law & Policy
Federal sector FMLA basics, military family leave, serious health condition developments, medical certification issues, managing intermittent FMLA leave; discipline, FMLA and the under-performer; and employee notice issues.
Thursday – Reasonable Accommodation: Entitlements and Processes
The ADA Amendments Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; religious accommodation.
Friday – Medical Documentation, Medical Requests and Record Confidentiality
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.
- 5 days = $2070
- 4 days = $1700
- 3 days = $1310
- 2 days = $930
- 1 day = $510
The April 2017 program is sold out. Register now for EEOC Law Week in Washington, DC, September 18-22.
This seminar is a fast-paced week of strategies, principles, and authorities relative to the major aspects of the field of discrimination law in the federal government. FELTG speakers draw on many years of experience from all three sides of the litigation table to provide both the beginning and the experienced practitioner with the foundation to work successfully in the entire field of Equal Employment Opportunity (EEO) law.
The program runs 8:30 – 4:00 each day.
Become a certified EEO practitioner: EEOC Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
Ernest Hadley, Deborah Hopkins
Daily Agenda
Monday
Basic EEOC, Nuts & Bolts: The Basics – Statutory authority and jurisdiction of EEOC, theories of discrimination, overview of EEO process, amended and consolidated complaints; timeliness issues in the wake of the Supreme Court decisions in Morgan and Ledbetter.
Tuesday
Current Trends in EEO Law: The latest on what’s happening in EEO, hostile environment harassment, gender stereotyping, same-sex harassment sexual orientation and transgender discrimination, retaliation, national origin and religious discrimination.
Wednesday
Accommodating Individuals with Disabilities: The Rehabilitation Act, and the NEW Americans’ with Disabilities Act, the latest of revised ADA regulations, the new Genetic Information Nondiscrimination Act (GINA) regulations; defining individuals with a disability, major life activities and substantial limitation; essential job functions, the interactive process, types of reasonable accommodation.
Thursday
Damages & Remedies; Settlement & ADR: Overview of Equitable Remedies: back pay, front pay, reinstatement; non-pecuniary and pecuniary damages, past and future damages, damages offsets, the duty to mitigate damages, collateral sources and pre-existing conditions, multiple causations of harm, the eggshell complainant. Settlement and ADR processes and what constitutes a good written agreement; what to include and what not to include.
Friday
Selection, Promotion, Discipline & Mixed Cases – An In-Depth Look: “Mixed” cases; selection and promotion cases, subjective and objective criteria, the “best qualified” candidate, disciplinary overview, the “comparable” employee, defending against pretext.
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 two types of administrative investigations in the federal workplace: misconduct investigations and EEO investigations. 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
Deborah Hopkins, Rock Rockenbach
Daily Agenda
Monday
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; agency defenses civil rights discrimination bases; disability and religious accommodation issues; medical evidence issues.
Tuesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; collecting penalty evidence; witness rights; union representation; preparing for the investigation; role of the investigator; planning the investigation; Investigation Plan exercise.
Wednesday
Conducting the Investigation, Part II: Setting up the room; question types; funnel technique; 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; testifying at an administrative hearing; rules for being an effective witness; Jeopardy exercise.
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 = $2070
- 4 days = $1700
- 3 days = $1310
- 2 days = $930
- 1 day = $510
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
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 Supervisor’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; identifying your leadership skills; bullying v. harassment; “robust debate” and union employees.
Thursday
Managing Employee Leave Abuse: Types of leave and leave entitlements; overviews of Family and Medical Leave Act; Office of Workers Compensation Program absences; leave as a reasonable accommodation under the Americans with Disabilities Act; leave as religious accommodation; leave abuse; alternative, modified and compressed work schedules; managing telework; the magic of Medical Inability to Perform removals.
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.
Sessions are held daily from 8:30 a.m. – 4:00 p.m.
Instructors
Deborah Hopkins, Ernest Hadley
Daily Agenda
Monday
Legal Writing I — The Basics: Legal writing and citation formats, argumentative approaches, writing from the reader’s perspective, organizational logic, word choice and structure, legal terms and court structure. Workshops: Spin Words, Speed Ball Exercise & Spin an Issue, Putting it All Together
Tuesday
Legal Writing II — Writing for Your Audience: Defining and distinguishing claims, defenses and issues, the factual narrative, identification of material facts, and persuasion. Workshops: Defining Claims, Writing the Agency Factual Statement, Writing the Employee Factual Statement
Wednesday
Legal Writing III — Writing for Your Audience (con’t.): Educating the reader, analyzing the evidence, organizing the arguments, distinguishing cases. Workshops: State the Rule, Writing the Analysis.
Thursday
Legal Writing IV — Writing for the MSPB and EEOC: Charges and penalties, drafting proposed discipline and decision documents. Workshops: Writing a Notice of Proposed Discipline, Writing a Final Agency Decision.
Friday
Legal Writing V — Writing for the MSPB and EEOC (con’t.): Motion practice and summary judgment, MSPB petitions for review and EEOC appeals, deconstruction and critique of final decisions, editing your work. Workshop: Deconstruction of a Final Decision.
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
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
Employee leave abuse and performance issues can be so frustrating for federal supervisors.
It’s essential for supervisors to understand the laws, regulations, policies and procedures associated with employee leave and attendance issues in the federal workplace. There are many leave categories, and different procedures and entitlements that come along with each. Supervisors also need to understand how to handle leave abuse and to use appropriate tools to correct employee behavior, while keeping in mind special cases involving reasonable accommodation, excessive absence and medical inability to perform.
Often, performance issues go right along with attendance issues: performance appraisals, end of cycle ratings on tough-to-track elements; discussing performance problems with employees; dealing with generic performance plans, and taking defensible performance-based actions.
FELTG’s own Barbara Haga will take the mystery out of how the leave and performance systems are supposed to work in the federal government in this brand-new two-day program. Ms Haga has over 30 years of experience working with HR on leave issues and performance appraisal systems, so you won’t want to miss the chance to attend this event.
Take a look at the agenda below.
Instructor
Daily Agenda:
Wednesday
Understanding Leave and Workplace Absences: Legal, regulatory, and procedural requirements related to annual leave, sick leave, FMLA, LWOP; family care under sick leave and FMLA; leave for new parents; medical certification requirements; leave transfer; court leave; military leave; dealing with leave abuse; enforced leave and indefinite suspension; reasonable accommodation and leave; separation disability retirement; dealing with excessive absence.
Thursday
Making Performance Plans Work: Legal and regulatory background; environment; system requirements; elements and standards; feedback; applying performance plans; MSPB decisions on performance measures; performance plan review; Within-Grade Increases; unacceptable performance; performance improvement period; taking performance-based actions.
Pricing
- 2 days = $930
- 1 day = $510
As an Employee Relations Specialist, you have a challenging job, and you never know just what personnel challenges might find a spot on your ever-increasing “to do” list.
This seminar starts by grounding the student in the laws, regulations and policies associated with job functions, and provides an explanation on how ER fits within the agency’s greater HR function. After the basics, we’ll dive in to a number of unique topics, which include (but definitely are not limited to) performance plans, standards and recognition; hours of work — including overtime and compensatory time; pay and RIFs; furloughs; handling specific disciplinary situations; leave – including types, accrual, FMLA, military leave and leave stacking; involuntary separations; dispute resolution; EAPs; medical issues and injury compensation; drug testing; plus basic EEO information – including disparate treatment, disparate impact and reasonable accommodation.
Daily sessions run from 8:30 a.m. to 4:00 p.m.
Instructor
Daily Agenda:
Monday
Introduction to Employee Relations: Functions, key terms and concepts; intersection of Employee Relations and Labor Relations; merit system principles; hours of work; modified schedules; overtime; types of leave.
Tuesday
Leave Administration: Introduction to Family and Medical Leave Act (FMLA); Medical documentation; military leave; administrative leave; performance management appraisal periods; monitoring performance; grievances and appeals; 432 actions.
Wednesday
Performance Issues & Introduction to EEO: Performance Plans; Performance measures; employee recognition; Employee Assistance Programs (EAPs); introduction to Equal Employment Opportunity (EEO): framework and disparate impact.
Thursday
Discipline Issues: Discipline Overview; Responsibilities of HR and supervisors; adverse actions; penalties; alternative discipline; standards of proof; harmful error; specific disciplinary situations; methods of dispute resolution.
Friday
Employee Relations Potpourri: Separations, Retirement; Involuntary Actions; Medical issues: qualification and documentations; reasonable accommodation; drug testing; roles and responsibilities of HR in the process.
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
Attention all HR professionals and supervisors – this is a BRAND NEW and IMPORTANT training on a mandatory directive from the Office of Management and Budget, and you won’t get it anywhere else.
OMB Directive M-17-22, the Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce, requires agencies to eliminate unnecessary barriers to addressing poor performance contained in agency policies. This one-day course will give you the tools you need to analyze your existing appraisal system and to ensure that it helps managers to effectively and quickly deal with poor performance in the federal workplace – and to be able to survive third-party review.
Topics covered include:
- Focusing on accountability for job performance
- Designing and perfecting the appraisal system to ensure accountability
- Within-grade increases (WIGIs) and their impact on accountability
- Eliminating unacceptable performance requirements that are not based on law/regulation (and waste your valuable time!)
The program runs 8:30 – 4:15.
Instructors
Agenda:
Coming Soon!
Pricing
- 1 day = $460
Instructors
Deborah Hopkins, Shana Palmieri
Course Description
Attention federal supervisors, HR professionals, medical professionals, attorneys, and other agency employees:
- What should you do when an employee with a behavioral health issue has an episode in the workplace?
- What steps should you take if the employee threatens violence or suicide?
- Or, in a worst-case scenario, what do you do if someone actually becomes violent in the federal workplace?
Crisis management in the federal workplace is a critical area to understand – it is truly life and death. Join FELTG Executive Director Deborah Hopkins and Shana Palmieri, Director of Community Services and Behavioral Health at the Kalihi-Palama Health Center, on Wednesday, July 26 for the workshop Handling Behavioral Health Issues and Instances of Violence in the Federal Workplace.
The session will begin with an overview of the need-to-knows about the ADA requirements on accommodating individuals with mental impairments and other behavioral health issues, and will also discuss your agency’s legal obligation to provide its employees with a safe workplace.
From there the seminar will continue with discussions and workshops on:
- Types of mental disabilities and how they may exhibit in the workplace
- The “direct threat” analysis
- Dealing with suicidal employees
- Dos and don’ts when working employees who have behavioral health issues
- Myths and facts about targeted violence in the workplace
- Individual characteristics that put an employee at higher risk of committing an act of violence
- Steps to take if someone becomes violent in the workplace
Plus, we’ll show you how to develop and implement an in-house threat management team to deal with threat assessments, risk management, and the best ways to keep employees safe during a crisis. This is a session you truly can’t afford to miss.
The program runs from 8:30 – 4:00.
Pricing
- 1 day = $460
Two spots left! Download Registration Form
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.
The program runs 8:30 – 4:00 each day.
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: Statutory basis including the Civil Service Reform Act; the new Department of Veterans Affairs Accountability and Whistleblower Protection Act; he 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
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 Norfolk, VA in September 2017, you’ll receive 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 – 4:30 each day.
Instructor
Daily Agenda:
Tuesday
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.
Wednesday
Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Revised DOD performance system to be implemented in 2016. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans. Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny to conducting a bona fide PIP to ensuring that due process is met in effecting an action on unacceptable performance.
Thursday
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 = $1310
- 2 days = $930
- 1 day = $510
Full-week registrations are sold out – space is still available for Monday, Thursday and Friday. Download Registration Form or register now for the full EEOC Law Week April 9-13, 2018 in Washington, DC.
This seminar is a fast-paced week of strategies, principles, and authorities relative to the major aspects of the field of discrimination law in the federal government. FELTG speakers draw on many years of experience from all three sides of the litigation table to provide both the beginning and the experienced practitioner with the foundation to work successfully in the entire field of Equal Employment Opportunity (EEO) law.
The program runs 8:30 – 4:00 each day.
Become a certified EEO practitioner: EEOC Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
Ernest Hadley, Deborah Hopkins, Meghan Droste
Daily Agenda
Monday
Basic EEOC, Nuts & Bolts: The Basics – Statutory authority and jurisdiction of EEOC, theories of discrimination, overview of EEO process, amended and consolidated complaints; timeliness issues in the wake of the Supreme Court decisions in Morgan and Ledbetter.
Tuesday
Current Trends in EEO Law: The latest on what’s happening in EEO, hostile environment harassment, gender stereotyping, same-sex harassment sexual orientation and transgender discrimination, retaliation, national origin and religious discrimination.
Wednesday
Accommodating Individuals with Disabilities: The Rehabilitation Act, and the NEW Americans’ with Disabilities Act, the latest of revised ADA regulations, the new Genetic Information Nondiscrimination Act (GINA) regulations; defining individuals with a disability, major life activities and substantial limitation; essential job functions, the interactive process, types of reasonable accommodation.
Thursday
Damages & Remedies; Settlement & ADR: Overview of Equitable Remedies: back pay, front pay, reinstatement; non-pecuniary and pecuniary damages, past and future damages, damages offsets, the duty to mitigate damages, collateral sources and pre-existing conditions, multiple causations of harm, the eggshell complainant. Settlement and ADR processes and what constitutes a good written agreement; what to include and what not to include.
Friday
Selection, Promotion, Discipline & Mixed Cases – An In-Depth Look: “Mixed” cases; selection and promotion cases, subjective and objective criteria, the “best qualified” candidate, disciplinary overview, the “comparable” employee, defending against pretext; case law update.
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
Lodging
A limited block of rooms is reserved at the Kimpton Carlyle Hotel Dupont Circle, through August 17. Book here directly or call 1-800-KIMPTON to make a reservation through the reservation desk with the special code 09171FEL.
Updated to reflect the most current, relevant topics related to employees who aren’t at work, this week brings together everything involving one of the most complex areas of federal sector employment law: absences from the workplace. Topics include employee leave, leave abuse, and medical issues as they relate to unacceptable performance and conduct, sick leave, annual leave, leave without pay, absence without leave, FMLA, ADA, OWCP, and telework.
The program runs 8:30 – 4:00 each day.
Instructors
William Wiley, Deborah Hopkins, Barbara Haga, Rock Rockenbach
Daily Agenda:
Monday – Leave Use & Abuse Overview
Types of leave and leave entitlements, overviews of Family Medical Leave Act leave, Office of Workers Compensation Program absences and leave as a reasonable accommodation under the Americans with Disabilities Act, medical determinations, leave abuse, related offenses and controlling principles from case law.
Tuesday – Labor Relations & Other Leave
The impact of collective bargaining on leave-related issues, including negotiability of leave proposals, and relevant rulings of the Federal Labor Relations Authority and the Federal Service Impasses Panel; administrative leave; forced leave; funeral leave; military leave; miscellaneous leave scenarios.
Wednesday – FMLA Law & Policy
Federal sector FMLA basics, military family leave, serious health condition developments, medical certification issues, managing intermittent FMLA leave; discipline, FMLA and the under-performer; and employee notice issues.
Thursday – Reasonable Accommodation: Entitlements and Processes
The ADA Amendments Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; religious accommodation.
Friday – Medical Documentation, Medical Requests and Record Confidentiality
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.
- 5 days = $2070
- 4 days = $1700
- 3 days = $1310
- 2 days = $930
- 1 day = $510
Lodging
A limited block of rooms is reserved at the Kimpton Carlyle Hotel Dupont Circle, through August 23. Book here directly or call 1-800-KIMPTON to make a reservation through the reservation desk with the special code 0924FELT.
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:
Wednesday
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.
Thursday
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.
Friday
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 = $1325
- 2 days = $945
- 1 day = $525
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed.
The 2017 Honolulu class is SOLD OUT. Register now for this program in Houston (November 28-30) or Las Vegas (February 27-March1).
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:
Wednesday
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.
Thursday
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.
Friday
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 = $1325
- 2 days = $945
- 1 day = $525
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed.
Full week registrations only. Registration is $2970.
Join some of the field’s preeminent litigators in a week-long workshop-based seminar focused on practicing effectively and successfully in administrative hearings involving federal employment law; e.g. MSPB and EEOC. Begin by preparing the case when assigned to a team that represents either the agency or the employee, get organized for the hearing, and learn the techniques of effective direct- and cross-examination. Try the case before an Administrative Judge and receive a critique along with the decision. Close out the week with an appreciation for the available appellate procedures. Space is limited so register early.
The program runs 8:30 – 4:00 each day and concludes at 2:00 on Friday.
MSPB & EEOC Hearing Practices Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Ernest Hadley, Deborah Hopkins.
Daily Agenda:
Monday
Developing Your Case: Case theory development (MSPB & EEOC), introduction to administrative hearings and arbitrations, and hearing organization. Workshop: Case Theory Development, What to Prove
Tuesday
Preparing Your Case: Preparing witnesses for direct and cross-examination, dealing with the record and objects, opening and closing arguments, conducting an effective direct examination. Workshop: Admitting Evidence and Making Objections, Direct Examination
Wednesday
Preparing for Hearing: Conducting an effective cross-examination and setting the table at the prehearing conference. Workshop: Cross-Examination
Thursday
Trying Your Case: Your case goes before an MSPB Administrative Judge. Direct and cross examination of witnesses, closing arguments, and critiques from the Judge as well as FELTG’s resident experts
Friday
Rounding Out Your Advocacy Skills: Deposition practice and filing a petition for review. Workshop: Deconstructing and Learning from the Process, Taking and Defending Depositions.
Pricing
Full Week Registrations Only = $2970
Lodging
A limited block of rooms is reserved at the Kimpton Carlyle Hotel Dupont Circle, through August September 15. Book here directly or call 1-800-KIMPTON to make a reservation through the reservation desk with the special code 1017FELT.
This week focuses on two types of administrative investigations in the federal workplace: misconduct investigations and EEO investigations. 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
Deborah Hopkins, Rock Rockenbach
Daily Agenda
Monday
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; agency defenses civil rights discrimination bases; disability and religious accommodation issues; medical evidence issues.
Tuesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; collecting penalty evidence; witness rights; union representation; preparing for the investigation; role of the investigator; planning the investigation; Investigation Plan exercise.
Wednesday
Conducting the Investigation, Part II: Setting up the room; question types; funnel technique; 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; testifying at an administrative hearing; rules for being an effective witness; Jeopardy exercise.
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 = $2070
- 4 days = $1700
- 3 days = $1310
- 2 days = $930
- 1 day = $510
Lodging
A limited block of rooms is reserved at the Kimpton Carlyle Hotel Dupont Circle, through September 23. Book here directly or call 1-800-KIMPTON to make a reservation through the reservation desk with the special code 1022FELT.
Settlement makes up a major part of federal employment law practice. Most disputes in our field settle – whether they initiate as grievances, EEO complaints or as appeals of agency disciplinary actions – before they ever get to hearing. You might be thinking, “Settlement just doesn’t feel right. It’s like saying the employee did nothing wrong and the agency is at fault.” That’s a common misconception, but it’s not actually grounded in truth; settlement has no direct tie to liability or admissions of wrongdoing.
Settlement happens – a lot. Yet somehow, this is a topic that doesn’t get a lot of love in the training world. Few people actually ever trained in the skills required to negotiate settlement agreements. That all changes now. Join FELTG for this brand-new seminar and learn the skills you need to save your agency time and money, and successfully resolve federal employment law disputes without litigation.
Instructors
William Wiley, Rock Rockenbach, Deborah Hopkins
Daily Agenda
Monday
Why Settle in Federal Sector Employment Disputes?: Why settlement is important; select options to discipline; rescinding the removal; statistics and writing; protective agreement provisions; unlawful agreements and duress.
Tuesday
Knowing the Players: The Office of Special Counsel, the Federal Labor Relations Authority, and Unfair Labor Practices; Interest-based negotiation in practice; positive framing; impasse; void agreements.
Wednesday
Determining Objectives and Methods: Why complainants and managers don’t want to resolve disputes without litigation (and how to combat that); statements v. objectives; separating the people from the problem; creating and evaluating options for mutual gain; settlement options; OPM restrictions.
Thursday
Alternative Dispute Resolution: Calculating the costs of litigation; preparing for settlement; mediations; arbitrations; settlement conference; using settlement memoranda; offers of resolution; compensatory damages; tax consequences; red flags: union impact.
Friday
Drafting Enforceable Settlement Agreements: Organizing for the agreement; settlement agreement writing style and conventions; parts of an agreement; sentence and paragraph structure; best practices for word selection; deconstruction of a sample settlement agreement.
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
Lodging
A limited block of rooms is reserved at the Kimpton Carlyle Hotel Dupont Circle, through September 28. Book here directly or call 1-800-KIMPTON to make a reservation through the reservation desk with the special code 1029FELT.
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
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
FELTG has reserved a block of rooms at the host hotel, Tropicana Las Vegas. Call the hotel directly at 702-739-2222 and reserve your room before space runs out!
Course Description
Attention federal supervisors, HR professionals, medical professionals, attorneys, and other agency employees:
- What should you do when an employee with a behavioral health issue has an episode in the workplace?
- Do you know how to accommodate and work with employees who have PTSD or substance abuse issues?
- What steps should you take if the employee threatens violence or suicide?
According to the National Institute of Mental Health 43.4 million adults – nearly 1 in 5 – had a mental illness diagnosis during the past year. Crisis management in the federal workplace is a critical area to understand – it is truly life and death.
This class is unique in that it covers the legal issues (for example, avoiding discrimination when it comes to behavioral health disabilities; providing reasonable accommodation for “unseen” disabilities; discipline under Title 5 for things such as threats, outbursts, and off-duty violent conduct) as well as the practical/clinical issues (what to do/say when someone has a dissociative episode, or threatens suicide, or has PTSD, or makes violent comments toward a supervisor).
It’s a combination of learning the law, understanding how to deal with employees who have mental issues, and managing risk in your agency.
Join FELTG Executive Director Deborah Hopkins and Shana Palmieri, Managing Partner of Clinical Education & Consulting at the Healthcare Legal Education & Consulting Network, for the two-day workshop Handling Behavioral Health Issues and Threats of Violence in the Federal Workplace. See below for a daily agenda.
Instructors
Deborah Hopkins, Shana Palmieri
Daily Agenda:
Tuesday
Handling Behavioral Health Issues: An overview of the ADA requirements on accommodating individuals with mental impairments and other behavioral health issues; your agency’s legal obligation to provide its employees with a safe workplace; types of mental disabilities and how they may exhibit in the workplace; the “direct threat” analysis; PTSD, substance abuse disorders;dos and don’ts when working employees who have behavioral health issues.
Wednesday
Dealing with Threats of Violence: Legal considerations for federal agencies; dangerous scenarios during the notice period; myths and facts about targeted violence in the workplace; dealing with suicidal employees; individual characteristics that put an employee at higher risk of committing an act of violence;how to develop and implement an in-house threat management team to deal with threat assessments, risk management, and the best ways to keep employees safe during a crisis; steps to take if someone becomes violent in the workplace
Pricing
- 2 days = $950
- 1 day = $530
Full-week seats for March 2018 are SOLD OUT. Consider registering for MSPB Law Week in Denver June 4-8.
MSPB Law Week covers the basics of disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases. 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.
The program runs 8:30 – 4:00 each day.
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: Statutory basis including the Civil Service Reform Act; the new Department of Veterans Affairs Accountability and Whistleblower Protection Act; he 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 = $2130
- 4 days = $1750
- 3 days = $1350
- 2 days = $960
- 1 day = $530
You’ve probably noticed that the #MeToo movement is as strong as ever. There are all kinds of comments, from all kinds of people, about the need for training on this important topic, but there hasn’t been much action.
As we like to do at FELTG, we’re doing something about it by addressing the issue of sexual harassment in the federal government head-on. Join us in Washington, DC, March 26 for a half-day seminar Sexual Harassment as Misconduct: Defending Your Agency while Protecting Your Employees. In this program, we’ll discuss the foundational law and how sexual harassment cases come to be, but our emphasis will be on STOPPING it from happening by addressing the misconduct before it becomes a problem. Case examples will show you the best ways to handle inappropriate sexual conduct from employees and supervisors – and things to avoid. We hope you’ll be able to attend this important discussion.
The program runs from 9:30 a.m. – 1:00 p.m. and is targeted to supervisors, managers, and advisers.
3
Instructor
Agenda:
- 9:30 – 10:30 – Statutory basis; differentiating tangible employment actions
- 10:40 – 11:50 – Hostile work environment cases; unwelcome conduct; severe or pervasive; agency liability; defenses
- 12:00 – 1:00 – Addressing the misconduct; proper and improper rules of behavior in the workplace; penalty determinations;disciplining for inappropriate sexual conduct; zero tolerance policies
Pricing
- $295 per participant. Group discounts for 5 or more attendees available.
Note the updated four-day agenda for the March 2018 program.
Updated to reflect the most current, relevant topics related to employees who aren’t at work, this week brings together everything involving one of the most complex areas of federal sector employment law: absences from the workplace. Topics include employee leave, leave abuse, and medical issues as they relate to unacceptable performance and conduct, sick leave, annual leave, leave without pay, absence without leave, FMLA, ADA, OWCP, and telework.
The program runs 8:30 – 4:00 each day.
Instructors
William Wiley, Deborah Hopkins, Ricky Rowe, Meghan Droste
Daily Agenda:
Tuesday – Leave Use & Abuse Overview
Types of leave and leave entitlements, overviews of Family Medical Leave Act leave, Office of Workers Compensation Program absences and leave as a reasonable accommodation under the Americans with Disabilities Act, medical determinations, leave abuse, related offenses and controlling principles from case law.
Wednesday – Labor Relations; FMLA
The impact of collective bargaining on leave-related issues, including negotiability of leave proposals, and relevant rulings of the Federal Labor Relations Authority and the Federal Service Impasses Panel; federal sector FMLA basics; intermittent FMLA use; FMLA and the under-performer.
Thursday – Reasonable Accommodation: Entitlements and Processes
The ADA Amendments Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; religious accommodation.
Friday – Medical Documentation, Medical Requests and Record Confidentiality
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 four days, but you may opt out of any days you don’t plan to attend.
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
This seminar is a fast-paced week of strategies, principles, and authorities relative to the major aspects of the field of discrimination law in the federal government. FELTG speakers draw on many years of experience from all three sides of the litigation table to provide both the beginning and the experienced practitioner with the foundation to work successfully in the entire field of Equal Employment Opportunity (EEO) law.
The program runs 8:30 – 4:00 each day.
6 per day Monday – Thursday; 5 on Friday.
Become a certified EEO practitioner: EEOC Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
Ernest Hadley, Deborah Hopkins
Daily Agenda
Monday
Basic EEOC, Nuts & Bolts: The Basics – Statutory authority and jurisdiction of EEOC, theories of discrimination, overview of EEO process, amended and consolidated complaints; timeliness issues in the wake of the Supreme Court decisions in Morgan and Ledbetter.
Tuesday
Current Trends in EEO Law: The latest on what’s happening in EEO, hostile environment harassment, gender stereotyping, same-sex harassment sexual orientation and transgender discrimination, retaliation, national origin and religious discrimination.
Wednesday
Accommodating Individuals with Disabilities: The Rehabilitation Act, and the NEW Americans’ with Disabilities Act, the latest of revised ADA regulations, the new Genetic Information Nondiscrimination Act (GINA) regulations; defining individuals with a disability, major life activities and substantial limitation; essential job functions, the interactive process, types of reasonable accommodation.
Thursday
Damages & Remedies; Settlement: Overview of Equitable Remedies: back pay, front pay, reinstatement; non-pecuniary and pecuniary damages, past and future damages, damages offsets, the duty to mitigate damages, collateral sources and pre-existing conditions, multiple causations of harm, the eggshell complainant. Settlement processes and what constitutes a good written agreement; what to include and what not to include.
Friday
Selection, Promotion, & Mixed Cases – An In-Depth Look: “Mixed” cases; selection and promotion cases, subjective and objective criteria, the “best qualified” candidate, the “comparable” employee, defending against pretext;disciplinary overview; case law update.
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