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
Lodging
The host hotel, the Sheraton Denver West, has a limited block of rooms set aside at the per diem rate. Call the hotel directly at 303-987-2000 and mention this training event to receive the special rate.
Instructor
Course Description
1.5
One of the most important – and challenging – areas in federal employment law is the obligation to provide reasonable accommodation to qualified individuals with disabilities. While the law changed nearly ten years ago with the implementation of the Americans with Disabilities Act Amendments Act, a number of agencies are still following outdated procedures that are not compliant with the law. Because there are so many complexities in the reasonable accommodation process, the best way for your agency to avoid pitfalls and to be sure you provide accommodations to people who are entitled is to follow the appropriate steps, in the proper order.
Join FELTG Executive Director and Attorney at Law Deborah Hopkins for Part 1 of the four-part Reasonable Accommodation in the Federal Workplace Series. Ms Hopkins will begin by explaining the current state of disability law and how the ADA, ADAAA, and Rehabilitation Act apply to federal employees with disabilities. From there, she’ll discuss:
- Making disability determinations
- What a “qualified individual” actually means
- Reasonable accommodation requests
- The interactive process
- Denials of reasonable accommodation
- Reassignment and Medical Inability to Perform removals
Whether you’re an attorney, disability program manager, EEO or HR Specialist or a supervisor, you’ll want to be sure to attend this session.
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, if space is available.
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 accountability performance and conduct, managing leave abuse, handling EEO complaints, reasonable accommodation, 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
Managing Employee Leave Abuse: Types of leave and leave entitlements; overviews of Family and Medical Leave Act; Office of Workers Compensation Program absences; LWOP; AWOL; leave restriction; handling leave abuse; the magic of Medical Inability to Perform removals.
Wednesday
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.
Thursday
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; theories of discrimination; defending against EEO complaints; Reasonable Accommodation; what to do if you’re a Responding Management Official in a complaint; EEO witness tips.
Friday
Management and Communication 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.
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
Registered participants will receive a copy of the textbook UnCivil Servant, fourth edition, by Wiley and Hopkins.
Instructor
Course Description
1.5
When the Americans with Disabilities Act Amendments Act became effective nearly a decade ago, the law expanded ADA coverage to include more individuals in disability determinations. In Part 2 of the Reasonable Accommodation in the Federal Workplace webinar series, FELTG Instructor Katherine Atkinson, attorney at law, will take a focused look at three challenging areas in the disability process that have changed in recent years: qualified individuals, essential functions, and undue hardship.
After an overview of the disability accommodation law and analysis, Ms Atkinson will dive into the details, including:
- How to determine whether an individual is qualified for a particular job
- How to decide what job functions are essential, and what job functions are marginal or ancillary
- What factors control an undue hardship determination
You’ll have time to ask your questions, and get answers in real time, so make plans now to attend this important event.
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, if space is available.
Instructor
Course Description
1.5
The law requires federal agencies to engage in the interactive process when assessing reasonable accommodations for employees who have disabilities. In 2018, telework and modified work schedules are among the most commonly requested – and most effective – accommodations for individuals who have physical and mental disabilities. But telework is often requested in cases where the “convenience” of working from home is called in to question. What should you do in those situations?
Join FELTG Executive Director and Attorney at Law Deborah Hopkins for a discussion on this timely topic during Part 3 of the Reasonable Accommodation in the Federal Workplace webinar series. Ms Hopkins will start with a quick review of the law, and will detail the required three-step process for agencies to be compliant when dealing with reasonable accommodation requests.
From there, she’ll discuss:
- What to do if telework would be an effective accommodation – but something else would work too
- Why accommodations are always the agency’s choice
- Alternative approaches to providing telework, leave and modified work schedules as accommodation
- The undue hardship analysis
- What the EEOC says about accommodating an employee’s commute
Oftentimes the best way to learn is by looking at real-life case studies, so the session will include a discussion on recent federal cases – won and lost – involving telework and reasonable accommodation. Because of the cost incurred when handling a reasonable accommodation complaint, your agency EEO staff, reasonable accommodation coordinators, disability coordinators, HR staff and supervisors truly cannot afford to miss this event.
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, if space is available.
Instructor
Course Description
1.5
Almost everyone knows that individuals with disabilities are entitled to reasonable accommodation – but did you know that federal employees are also entitled to reasonable accommodation for religious beliefs and practices? Not everyone realizes this; in 2017 a company in West Virginia was ordered to pay out damages of nearly $600,000 for not taking an employee’s religious accommodation request seriously.
The law requiring religious accommodation is different than the law for disability accommodation, and it’s important you know the distinctions. Join FELTG for the final session in the Four-Part Reasonable Accommodation in the Federal Workplace webinar series, where Attorney at Law Meghan Droste helps in your goal of Understanding Religious Accommodation: How it’s Different from Disability Accommodation.
After a review of the relevant law and regulations law that pertain to religious accommodation, Ms Droste will discuss:
- What religions qualify for accommodation
- The definition of “undue hardship” and case examples
- The most common accommodations for religion
- Issues related to dress code and grooming
- What to do when employees request to be excused from performing certain job tasks because of religious reasons
Whether you’re an attorney, EEO program specialist, HR specialist or manager, you’ll want to be sure to join us for this important session.
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, if space is available.
Instructors
William Wiley, Deborah Hopkins
Course Description
1
It’s that time of year again! And boy, do we have some new material, with the new executive orders on accountability and labor relations, plus several much-anticipated FLRA decisions bringing clarity to questions we’ve had for years.
Twice a year we update you with what’s new from the MSPB, EEOC and FLRA, and this one looks to be better than ever.
Join FELTG attorneys William Wiley and Deborah Hopkins as they combine forces for a fast-paced discussion on the most surprising, significant and groundbreaking recent decisions and trends from the MSPB, EEOC and FLRA. If you’ve attended a past edition, you know this is not your standard [“boring”] case law update, but an editorial discussion that not only informs you about current cases, but explains how they impact your daily work whether you’re a lawyer, or an HR, ER, LR or EEO practitioner.
Bill and Deb will share where we’ve been and where we’re headed with the trends and regulations that influence your workplace and the way issues are litigated in your agency or union. Plus, ask your questions and get answers in real time.
We’d love to tell you now about the cases and regulations that will be discussed, but that’s entirely up to the MSPB, EEOC and FLRA. Stay tuned!
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, on a space-available basis.
Instructor
Course Description
Absence due to illness has changed the landscape in dealing with federal workplace issues. Problems arise when employees are absent – let alone the huge amounts of leave entitlements tied to family member medical conditions.
Administering sick leave can be complicated, and proper documentation is critical. The Family & Medical Leave Act adds an additional layer of complexity to these illness-related absences. When can you require medical examinations? When can you take action on excessive absences?
If you need more information on absence related to illness so you are able to answer those tough questions on sick leave and FMLA – or if you want to ensure that the adverse action case you assemble will withstand the scrutiny of the MSPB – then this webinar series is custom-made for you.
While the near future of the Merit Systems Protection Board remains uncertain, Ms. Haga is staying on top of the situation and will provide attendees with the most up-to-date information they need to know.
Join instructor Barbara Haga for any or all of the sessions as she guides you through these thorny issues.
- Session 1 – Sick Leave, Part I (1/23)
- Earning and accumulation
- Authorized uses of sick leave
- Family care sick leave – documentation and limits
- Advance sick leave
- Session 2 – Sick Leave, Part II (2/6)
- Notice requirements
- Definition of “serious health condition”
- Substitution of paid leave for FMLA LWOP
- Medical certification – what is required and what needs to be in it
- Sick leave abuse
- Medical examinations
- Taking action on sick leave-related absences
- Session 3 – Understanding FMLA (2/20)
- Basic entitlement
- Notice requirements
- FMLA Medical certification requirements
- Discipline and FMLA – excessive absence, falsified information, failure to comply with notice requirements, last chance agreements
You’ll have the chance to ask your questions, and get them answered in real time, during each of these 90-minute sessions. Register your site today.
Price
$275 per webinar per site. Register for all three by 1/17 for only $795.
Add a teleworker for only $35 per webinar, in addition to a main site registration, if space permits.
Instructor
Course Description
Absence due to illness has changed the landscape in dealing with federal workplace issues. Problems arise when employees are absent – let alone the huge amounts of leave entitlements tied to family member medical conditions.
Administering sick leave can be complicated, and proper documentation is critical. The Family & Medical Leave Act adds an additional layer of complexity to these illness-related absences. When can you require medical examinations? When can you take action on excessive absences?
If you need more information on absence related to illness so you are able to answer those tough questions on sick leave and FMLA – or if you want to ensure that the adverse action case you assemble will withstand the scrutiny of the MSPB – then this webinar series is custom-made for you.
While the near future of the Merit Systems Protection Board remains uncertain, Ms. Haga is staying on top of the situation and will provide attendees with the most up-to-date information they need to know.
Join instructor Barbara Haga for any or all of the sessions as she guides you through these thorny issues.
- Session 1 – Sick Leave, Part I (1/23)
- Earning and accumulation
- Authorized uses of sick leave
- Family care sick leave – documentation and limits
- Advance sick leave
- Session 2 – Sick Leave, Part II (2/6)
- Notice requirements
- Definition of “serious health condition”
- Substitution of paid leave for FMLA LWOP
- Medical certification – what is required and what needs to be in it
- Sick leave abuse
- Medical examinations
- Taking action on sick leave-related absences
- Session 3 – Understanding FMLA (2/20)
- Basic entitlement
- Notice requirements
- FMLA Medical certification requirements
- Discipline and FMLA – excessive absence, falsified information, failure to comply with notice requirements, last chance agreements
You’ll have the chance to ask your questions, and get them answered in real time, during each of these 90-minute sessions. Register your site today.
Price
$275 per webinar per site. Register for all three by 1/17 for only $795.
Add a teleworker for only $35 per webinar, in addition to a main site registration, if space permits.
Instructor
Course Description
Absence due to illness has changed the landscape in dealing with federal workplace issues. Problems arise when employees are absent – let alone the huge amounts of leave entitlements tied to family member medical conditions.
Administering sick leave can be complicated, and proper documentation is critical. The Family & Medical Leave Act adds an additional layer of complexity to these illness-related absences. When can you require medical examinations? When can you take action on excessive absences?
If you need more information on absence related to illness so you are able to answer those tough questions on sick leave and FMLA – or if you want to ensure that the adverse action case you assemble will withstand the scrutiny of the MSPB – then this webinar series is custom-made for you.
While the near future of the Merit Systems Protection Board remains uncertain, Ms. Haga is staying on top of the situation and will provide attendees with the most up-to-date information they need to know.
Join instructor Barbara Haga for any or all of the sessions as she guides you through these thorny issues.
- Session 1 – Sick Leave, Part I (1/23)
- Earning and accumulation
- Authorized uses of sick leave
- Family care sick leave – documentation and limits
- Advance sick leave
- Session 2 – Sick Leave, Part II (2/6)
- Notice requirements
- Definition of “serious health condition”
- Substitution of paid leave for FMLA LWOP
- Medical certification – what is required and what needs to be in it
- Sick leave abuse
- Medical examinations
- Taking action on sick leave-related absences
- Session 3 – Understanding FMLA (2/20)
- Basic entitlement
- Notice requirements
- FMLA Medical certification requirements
- Discipline and FMLA – excessive absence, falsified information, failure to comply with notice requirements, last chance agreements
You’ll have the chance to ask your questions, and get them answered in real time, during each of these 90-minute sessions. Register your site today.
Price
$275 per webinar per site. Register for all three by 1/17 for only $795.
Add a teleworker for only $35 per webinar, in addition to a main site registration, if space permits.
SOLD OUT. Register now for this program August 5-9, also in Denver.
This week focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting investigations in the federal workplace, including planning the investigation, fact finding, 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.
The program runs 8:30 – 4:00 each day and is pre-approved for 29 CLE credits in Virginia and California. It is also approved for 29 HRCI general recertification credits.
This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training.
Instructors
Deborah Hopkins, Katherine Atkinson, Meghan Droste
Daily Agenda
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.
Tuesday
Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the intersection with criminal investigations; special considerations in light of #MeToo and #TimesUp.
Wednesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.
Thursday
Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.
Friday
Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
Early Bird Tuition (register by April 29):
- 5 days = $2170
- 4 days = $1780
- 3 days = $1370
- 2 days = $970
- 1 day = $530
Standard Tuition (register April 30 – May 17):
- 5 days = $2270
- 4 days = $1880
- 3 days = $1470
- 2 days = $1070
- 1 day = $630
Lodging
The host hotel, the Sheraton Denver West, has a limited block of rooms set aside at the per diem rate. Call the hotel directly at 303-987-2000 and mention this training event to receive the special rate.
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.
Instructors
Course Description
Reprisal is a term that gets used a lot, but did you know that it has different definitions in different cases? If you join FELTG President Deborah Hopkins during this 90-minute webinar to find out exactly where the differences lie, you just might save your agency from losing a reprisal case.
During this interactive discussion, Ms. Hopkins will explain the legal background on the various forms of reprisal and why it’s such an important area of focus in federal employee statutory protection. From there, she will talk about:
- Whistleblower reprisal: the standards, burden of proof, and actions that constitute reprisal
- The many forms of EEO reprisal and why it’s the most common category in discrimination findings
- Reprisal for union activity, including what type of activity falls outside the bounds of coverage
- What is legal and not legal when considering someone’s veteran status in making employment-related decisions
- The distinction between reprisal and retaliation
This is an event you won’t want to miss, whether you’re an attorney, LER specialist, EEO specialist, union official or supervisor. We hope you’ll join us.
Price
Early Bird Tuition: $275 per site (registration submitted by June 3)
Standard Tuition: $305 per site (registration submitted June 4 or later)
Teleworkers may be added to a main site registration for $35 each, on a space-available basis.
Instructor
Course Description
We are still getting used to this “new” FLRA. With Chair Colleen Duffy Kiko joining James Abbott and Ernest DuBester, and with the the nomination of Catherine Bird to be General Counsel, the FLRA will soon be at full strength. What will the next year bring for this new group?
Joe Schimansky, former Executive Director of the Federal Service Impasses Panel, will take a look at what’e been happening, and what’s likely to happen in the next few months at the FLRA. He’ll take a look at the most important new decisions to demonstrate how the world of federal labor relations is changing daily, and will provide an explanation of where everything stands with game-changing executive orders issued a year ago by President Trump.
In addition, attendees will learn about the FLRA’s most recent perspectives on:
- Attorneys fees
- The distinction between working conditions and conditions of employment
- Representation cases
- Excessive interference test
- And much more
If you are involved in federal sector labor relations, this is a topic you can’t afford to miss.
Price
Early Bird Tuition: $225 per site (payment required by June 7)
Standard Tuition: $255 per site (for payments made June 8 or later)
Teleworkers may be added to a main site registration for $35 each, if space is available.
Instructor
Course Description
1.5
In 2017, an MSPB survey revealed that more than 20 percent of female federal employees were sexually harassed in the workplace between 2014 and 2016. There has been a lot of talk about the need for training on this important topic. But now it’s time for action.
Let FELTG help you take that action. Join us for the 90-minute webinar Employee Sexual Misconduct: Discipline Early to Make Your Agency a Safer Place. FELTG President Deborah Hopkins, attorney at law, will show you how to address sexual harassment in the federal government as MISCONDUCT — not just as an EEO issue.
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.
Price
Early Bird Tuition: $275 per site (payment required by June 17)
Standard Tuition: $305 per site (for payments made June 18 or later)
Teleworkers may be added to a main site registration for $35 each, if space is available.
This week focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting investigations in the federal workplace, including planning the investigation, fact finding, 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.
The program runs 8:30 – 4:00 each day and is pre-approved for 29 CLE credits in Virginia and California. It is also approved for 29 HRCI general recertification credits.
This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training. It also meets the requirements for training under the Department of Interior’s Anti-Harassment Policy.
Instructors
Daily Agenda
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.
Tuesday
Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the intersection with criminal investigations; special considerations in light of #MeToo and #TimesUp.
Wednesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.
Thursday
Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.
Friday
Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
Early Bird Tuition (register by July 22):
- 5 days = $2170
- 4 days = $1780
- 3 days = $1370
- 2 days = $970
- 1 day = $530
Standard Tuition (register July 23-August 9):
- 5 days = $2270
- 4 days = $1880
- 3 days = $1470
- 2 days = $1070
- 1 day = $630
Lodging
The host hotel, the Sheraton Denver West, has a limited block of rooms set aside at the per diem rate. Call the hotel directly at 303-987-2000 and mention this training event to receive the special rate.
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
Absence due to illness has changed the landscape in dealing with federal workplace issues. Problems arise when employees are absent – let alone the huge amounts of leave entitlements tied to family member medical conditions.
Administering sick leave can be complicated, and proper documentation is critical. The Family & Medical Leave Act adds an additional layer of complexity to these illness-related absences. When can you require medical examinations? When can you take action on excessive absences?
If you need more information on absence related to illness so you are able to answer those tough questions on sick leave and FMLA – or if you want to ensure that the adverse action case you assemble will withstand the scrutiny of the MSPB – then this webinar series is custom-made for you.
While the near future of the Merit Systems Protection Board remains uncertain, FELTG is staying on top of the situation and will provide attendees with the most up-to-date information they need to know.
Instructors Deborah Hopkins, William Wiley, and Barbara Haga will guide you through these thorny issues. Register for any or all of the sessions.
- Session 1 – Sick Leave, Part I (October 16)
- Earning and accumulation
- Authorized uses of sick leave
- Family care sick leave – documentation and limits
- Advance sick leave
- Session 2 – Sick Leave, Part II (October 30)
- Notice requirements
- Definition of “serious health condition”
- Substitution of paid leave for FMLA LWOP
- Medical certification – what is required and what needs to be in it
- Sick leave abuse
- Medical examinations
- Taking action on sick leave-related absences
- Session 3 – Understanding FMLA (November 13)
- Basic entitlement
- Notice requirements
- FMLA Medical certification requirements
- Discipline and FMLA – excessive absence, falsified information, failure to comply with notice requirements, last chance agreements
You’ll have the chance to ask your questions, and get them answered in real time, during each of these 90-minute sessions. Register your site today.
Price
Early Bird Tuition: $275 per webinar per site (registration submitted by October 7)
Standard Tuition: $305 per webinar per site (registration submitted October 8 or later)
Register for all three webinars by October 7 and pay only $795.
Add a teleworker for $35 per webinar, in addition to a main site registration, if space permits.
Instructor
Course Description
The Douglas factors require agencies to consider alternative sanctions, but what exactly are alternatives to discipline? How do they work? Does anyone even know where to start an alternative to discipline?
FELTG instructor Ann Boehm does. In this 90-minute webinar, she will show you how how to think outside the box in certain disciplinary situations. For example, the last thing you want to do to someone who is AWOL is suspend them — they already are not coming to work. Instead, we can show you how to give a reprimand in lieu of suspension. The goal of discipline is to rehabilitate, and in certain circumstances, alternative sanctions are very effective in that regard.
Attendees will:
- Learn the legal requirements that form the foundation of disciplinary actions.
- Identify several alternatives to adverse actions.
- Understand the benefits of a reprimand in lieu of a suspension.
Price
Early Bird Tuition: $275 per site (payment required by October 14)
Standard Tuition: $305 per site (for payments made October 15 or later)
Teleworkers may be added to a main site registration for $35 each, if space is available.
Instructor
Course Description
Absence due to illness has changed the landscape in dealing with federal workplace issues. Problems arise when employees are absent – let alone the huge amounts of leave entitlements tied to family member medical conditions.
Administering sick leave can be complicated, and proper documentation is critical. The Family & Medical Leave Act adds an additional layer of complexity to these illness-related absences. When can you require medical examinations? When can you take action on excessive absences?
If you need more information on absence related to illness so you are able to answer those tough questions on sick leave and FMLA – or if you want to ensure that the adverse action case you assemble will withstand the scrutiny of the MSPB – then this webinar series is custom-made for you.
While the near future of the Merit Systems Protection Board remains uncertain, FELTG is staying on top of the situation and will provide attendees with the most up-to-date information they need to know.
Instructors Deborah Hopkins, William Wiley, and Barbara Haga will guide you through these thorny issues. Register for any or all of the sessions.
- Session 1 – Sick Leave, Part I (October 16)
- Earning and accumulation
- Authorized uses of sick leave
- Family care sick leave – documentation and limits
- Advance sick leave
- Session 2 – Sick Leave, Part II (October 30)
- Notice requirements
- Definition of “serious health condition”
- Substitution of paid leave for FMLA LWOP
- Medical certification – what is required and what needs to be in it
- Sick leave abuse
- Medical examinations
- Taking action on sick leave-related absences
- Session 3 – Understanding FMLA (November 13)
- Basic entitlement
- Notice requirements
- FMLA Medical certification requirements
- Discipline and FMLA – excessive absence, falsified information, failure to comply with notice requirements, last chance agreements
You’ll have the chance to ask your questions, and get them answered in real time, during each of these 90-minute sessions. Register your site today.
Price
Early Bird Tuition: $275 per webinar per site (registration submitted by October 7)
Standard Tuition: $305 per webinar per site (registration submitted October 8 or later)
Register for all three webinars by October 7 and pay only $795.
Add a teleworker for $35 per webinar, in addition to a main site registration, if space permits.
Instructor
Course Description
Absence due to illness has changed the landscape in dealing with federal workplace issues. Problems arise when employees are absent – let alone the huge amounts of leave entitlements tied to family member medical conditions.
Administering sick leave can be complicated, and proper documentation is critical. The Family & Medical Leave Act adds an additional layer of complexity to these illness-related absences. When can you require medical examinations? When can you take action on excessive absences?
If you need more information on absence related to illness so you are able to answer those tough questions on sick leave and FMLA – or if you want to ensure that the adverse action case you assemble will withstand the scrutiny of the MSPB – then this webinar series is custom-made for you.
While the near future of the Merit Systems Protection Board remains uncertain, FELTG is staying on top of the situation and will provide attendees with the most up-to-date information they need to know.
Instructors Deborah Hopkins, William Wiley, and Barbara Haga will guide you through these thorny issues. Register for any or all of the sessions.
- Session 1 – Sick Leave, Part I (October 16)
- Earning and accumulation
- Authorized uses of sick leave
- Family care sick leave – documentation and limits
- Advance sick leave
- Session 2 – Sick Leave, Part II (October 30)
- Notice requirements
- Definition of “serious health condition”
- Substitution of paid leave for FMLA LWOP
- Medical certification – what is required and what needs to be in it
- Sick leave abuse
- Medical examinations
- Taking action on sick leave-related absences
- Session 3 – Understanding FMLA (November 13)
- Basic entitlement
- Notice requirements
- FMLA Medical certification requirements
- Discipline and FMLA – excessive absence, falsified information, failure to comply with notice requirements, last chance agreements
You’ll have the chance to ask your questions, and get them answered in real time, during each of these 90-minute sessions. Register your site today.
Price
Early Bird Tuition: $275 per webinar per site (registration submitted by October 7)
Standard Tuition: $305 per webinar per site (registration submitted October 8 or later)
Register for all three webinars by October 7 and pay only $795.
Add a teleworker for $35 per webinar, in addition to a main site registration, if space permits.
Instructor
Course Description
There are several reasons why an EEO claim might be dismissed, but it’s not a decision that should be made quickly or without much thought. A surprising number of agency dismissals are overturned by the EEOC each year. Join FELTG as we dive into the very core of the EEO complaint process, and understand when to accept EEO claims, and when to deny them. This 60-minute webinar will review the reasons for dismissing a claim — failure to state a claim, timeliness, collateral attack, and framing claims.
This is the first of a four-part series on Navigating Challenges in the EEO Process.
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Price
- Early Bird Tuition: $240 per site, per session (payment made by February 24).
- Standard Tuition: $270 per site, per session (payment made February 25 or later).
- Register for all four webinars by February 24 and pay only $910!
Teleworkers may be added to a main site registration for $40 per teleworker, on a space-available basis.
FELTG is making its webinars easier to access during the COVID-19 closures and emergency telework scheduling, to ensure that proper training is still available when the majority of employees are working at home. Contact us at 844.283.3584 or [email protected] to find out how this applies to our webinars, or how you can bring FELTG’s off-the-shelf or custom webinars directly to your agency.
Instructor
Course Description
Navigating the FMLA is one of the most complex challenges a federal agency can face unless, of course, it is navigating the ADA at the same time. What’s the difference between a serious health condition and an ADA disability? Does the FMLA limit on leave apply to a reasonable accommodation of leave? This 60-minute webinar will compare and contrast coverage under the FMLA and coverage under the ADA, discuss the tricky role of medical documentation, and review leave under the FMLA and as a reasonable accommodation.
This is the second of four webinars on Navigating Challenges in the EEO Process.
EEO Refresher Hours: 1
Price
- Early Bird Tuition: $240 per site, per session (payment made by February 24).
- Standard Tuition: $270 per site, per session (payment made February 25 or later).
- Register for all four webinars by February 24 and pay only $910!
Teleworkers may be added to a main site registration for $40 per teleworker, on a space-available basis.
FELTG is making its webinars easier to access during the COVID-19 closures and emergency telework scheduling, to ensure that proper training is still available when the majority of employees are working at home. Contact us at 844.283.3584 or [email protected] to find out how this applies to our webinars, or how you can bring FELTG’s off-the-shelf or custom webinars directly to your agency.
Instructor
Course Description
Navigating the FMLA is one of the most complex challenges a federal agency can face unless, of course, it is navigating the ADA at the same time. What’s the difference between a serious health condition and an ADA disability? Does the FMLA limit on leave apply to a reasonable accommodation of leave? This 60-minute webinar will compare and contrast coverage under the FMLA and coverage under the ADA, discuss the tricky role of medical documentation, and review leave under the FMLA and as a reasonable accommodation.
This is the second of four webinars on Navigating Challenges in the EEO Process.
EEO Refresher Hours: 1
Price
- Early Bird Tuition: $240 per site, per session (payment made by February 24).
- Standard Tuition: $270 per site, per session (payment made February 25 or later).
- Register for all four webinars by February 24 and pay only $910!
Teleworkers may be added to a main site registration for $40 per teleworker, on a space-available basis.
Download Individual Registration Form
Event Description
These are challenging times for the federal workforce. Over three days, the FELTG Virtual Training Institute will broadcast nine live instructor-led sessions, aimed at providing you with the latest legal and practical guidance to meet these current challenges.
Renew your efforts to hold employees accountable for performance and conduct. Review your responsibilities regarding leave, reasonable accommodation, investigating harassment, and preventing discrimination in the workplace. Stay current on case law. Learn strategies for managing teleworkers – and for managing your own stress and handling employee stress during these trying times. And much more.
There’s no need to feel isolated – even if you’re working alone at home. The open enrollment FELTG Virtual Training Institute’s Emerging Issues in Federal Employment Law program offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, we’ll provide a forum for participants to get in touch and discuss the issues after the sessions are over.
You can register for any of the sessions individually. You can register for a whole day. Or you can register for the whole program. Earn CLE credits and EEO refresher training credits. Three days. Nine sessions. Eight instructors. We’d love to have you join us.
Download Individual Registration Form
Tuesday, April 21, 2020
Performance, Conduct and Legal Updates
Session 1
10:30 am – 12:00 pm EDT
Accountability for Conduct: Taking Defensible Disciplinary Actions
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President
Course Description: This session begins with a discussion on the foundation of supervisory authority, and it will clarify the too-common misconceptions that prevent federal agencies from taking successful misconduct actions against employees. Attendees will learn the five elements that must be present in a disciplinary case, with a special focus on penalty justification and due process requirements. Attendees will leave with the guidance necessary to take defensible actions quickly and fairly – and to ensure that those actions will withstand scrutiny on appeal by the MSPB, EEOC, or in grievance arbitration. Earn 1.5 CLE credits.
Learning Objectives
Attendees will learn how to:
- Understand the legal definition of discipline, and which corrective actions are not discipline under the law.
- Identify the legal elements required in every disciplinary case, and the standard of proof to take a defensible action.
- Use the Douglas Factors in penalty determination.
Session 2
1:00 – 2:30 pm EDT
Unacceptable Performance: Streamlining the Procedures
Presented by William Wiley, Attorney at Law, FELTG Past President
Course Description: When it comes to poor performance, the one action you can’t afford to take is not taking action. Yet, when you do take a performance-based action, there are limitless mistakes that can trip you up and result in lost appeals. During this session, Bill Wiley shares the tools you need to confidently and effectively address poor performance, including initiating a performance demonstration period/PIP, the evidence and documentation needed to justify a performance-based action, and a secret trick on removing an employee for poor performance without using a demonstration period/PIP. After this session, attendees will have the tools necessary to remove an unacceptable performer in 31 days. Earn 1.5 CLE credits.
Learning Objectives
Attendees will learn how to:
- Recognize the standards of proof needed for a performance-based action.
- Implement recent Executive Orders and OPM guidance into your performance procedures.
- Successfully take a defensible performance-based action.
Session 3
3:00 – 4:30 pm EDT
Federal Employment Law Update: Recent Developments at the EEOC, FLRA and MSPB
Presented by Ann Boehm, Attorney at Law, FELTG Instructor
Course Description: In the world of federal employment law, things can change quickly; there has been more action in the past three years than in the last 35 years before. Join FELTG Instructor Ann Boehm for a review of the most recent and relevant cases, regulations, studies and reports from the EEOC, FLRA and MSPB, plus information from OPM and the Office of Special Counsel. She will also cover the very latest on Executive Orders 13836, 13836, 13837 and 13839. Attendees will leave with knowledge of recent developments and with an in-depth analysis of the current employment law climate and its impact on the federal workplace. Earn 1.5 CLE credits.
Learning Objectives
Attendees will learn how to:
- Identify the most critical recent decisions from the EEOC and FLRA.
- Explain the status and impact of President Trump’s Executive Orders regarding the federal workplace.
- Understand the current status of the MSPB and how the lack of quorum impacts agency actions and appeals.
Wednesday, April 22, 2020
Managing and Advising During the COVID-19 Pandemic and Beyond
Session 4
10:30 am – 12:00 pm EDT
Handling Current Leave Challenges in the Federal Workplace
Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor
Course description: Barbara Haga will review some of the most pressing issues involving leave, including tough questions related to FMLA and sick leave, the paid family leave provisions expected to go into effect in October, and the flexibilities related to leave tied to the COVID-19 pandemic including weather and safety leave. Attendees will come away with an array of knowledge for handling the leave issues they’re likely to face in the coming weeks and months, and will be equipped for a successful return to more normal operations in the future.
Learning Objectives
Attendees will learn how to:
- Apply weather and safety leave standards during the COVID-19 pandemic.
- Identify the provisions of the new paid family leave, and which employees are affected.
- Manage requests for sick leave and FMLA, from near and far.
Session 5
1:00 – 2:30 pm EDT
Managing a Mobile Workforce: Tools for Accountability
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President
Course description: One of the biggest challenges facing agencies during this COVID-19 Pandemic is that so much of the workforce is no longer in the workplace. How do you handle performance issues? What about conduct? Are work expectations lowered or amended when people telework in emergency situations? What are the pitfalls or best practices for managing employees from afar? Using anecdotes from her decade of experience managing a remote workforce, FELTG President Deborah J. Hopkins will provide the answers and share exclusive tips you shouldn’t miss. Earn 1.5 CLE credits
Learning Objectives
Attendees will learn how to:
- Communicate expectations to employees who are new to telework.
- Conduct a performance demonstration period while an employee is working remotely.
- Identify the telework performance pitfalls for employees and supervisors.
Session 6
3:00 – 4:30 pm EDT
Strategies for Stress: Effectively Coping in a COVID-19 World
Presented by Shana Palmieri, LCSW, FELTG Instructor
Course description: The COVID-19 pandemic has required all of us to make major lifestyle changes, whether you’re in the office or working from home. Our lives have quickly been altered, creating varying levels of anxiety and uncertainty. Change, stress and social isolation can significantly impact your health and job performance. Licensed Clinical Social Worker Shana Palmieri will guide you through how to manage change and stress for yourself and your employees so you can continue to focus on your agency’s mission – from wherever you happen to be working.
Learning Objectives
Attendees will learn how to:
- Manage workforce disruptions to successfully stay focused on work during the COVID-19 pandemic.
- Cope with social distancing and social isolation.
- Recognize and manage stress levels that, when unaddressed, impact your work performance and overall wellness.
Thursday, April 23, 2020
EEO Challenges in the Federal Workplace
Session 7
10:30 am – 12:00 pm EDT
Preventing and Correcting Discrimination: A Focus on Race, Color, and National Origin
Presented by Ricky Rowe, Former National EEO Manager/Veterans Affairs, FELTG Instructor
Course description: During stressful times, there is often a desire to find something, or someone, to blame. In some cases, employees perceive a conflict with agency management to be motivated by an illegal reason. And every now and then, an agency official engages in unlawful discrimination, and then the agency has a responsibility to make amends with the employee. FELTG Instructor Ricky Rowe will use his 38 years of federal sector EEO and HR experience to address these scenarios with a review of relevant EEOC decisions involving employee race, color and national origin, and will share timely and critical information to ensure that your workplace is safe and inclusive for all. Earn 1.5 EEO refresher training hours by attending this session.
Learning Objectives
Attendees will learn how to:
- Identify the discrimination theories where race, color and national origin could form the basis of a complaint.
- Recognize and immediately address instances of race, color, and national origin discrimination in the workplace.
- Determine when language-restrictive policies are discriminatory – and when they are permitted.
Session 8
1:00 – 2:30 pm EDT
Conducting Effective Harassment Investigations
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor
Course description: If there’s one topic on every agency’s front burner, it’s harassment. FELTG Instructor Katherine Atkinson will explain the differences between EEO and non-EEO harassment, and the critical steps that agencies should take when investigating misconduct. An incomplete investigation could cost you the case, so it’s imperative to understand the requirements for a legally sufficient harassment investigation. Attendees will leave with useful guidance and practical tools to help them complete an effective and thorough investigation. Earn 1.5 EEO refresher training hours by attending this session. Earn 1.5 CLE credits.
Learning Objectives
Attendees will learn how to:
- Address the issue of harassment as misconduct, not just an EEO issue.
- Identify the numerous forms that harassment takes.
- Interview all relevant parties in a harassment investigation: the complainant, the accused, and material witnesses.
Session 9
3:00 – 4:30 pm EDT
Reasonable Accommodation in the Federal Workplace: Challenges and Solutions for 2020
Presented by Meghan Droste, Attorney at Law, FELTG Instructor
Course description: Reasonable accommodation for disabilities intersects with every aspect of the federal workforce: conduct, performance, leave, telework, and more. FELTG Instructor Meghan Droste will explain answers to the most common questions including: What does qualified individual really mean? What is the agency required to do during the interactive process? Must I provide a provisional accommodation? Do I have to grant telework as an accommodation? Is providing a new supervisor a reasonable accommodation? You’ll receive guidance on other perplexing reasonable accommodation challenges, and discuss the mistakes agencies have made in recent cases – so you can avoid similar mistakes. You can’t afford to miss this session. Earn 1.5 EEO refresher hours and 1.5 CLE credits.
Learning Objectives
Attendees will learn how to:
- Make legal disability determinations.
- Understand “qualified individual” standard.
- Provide the most effective reasonable accommodation to allow the employee to successfully perform the essential functions of the job.
Price
- Early Bird Tuition (register by April 14): One Session = $100 | Three Sessions = $250 | All Access = $700
- Standard Tuition (register April 15-23): One Session = $115 | Three Sessions = $275 | All Access = $750
- Rates per registrant.
- REGISTER NOW.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its Virtual Training Institute events. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- How do I claim CLE or EEO refresher credits?
- This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
- Can I get HRCI credits for attending this class?
- Each session is approved for 1.5 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
- What if I want to attend a session but have a schedule conflict?
- FELTG plans to record every session, and will make recordings available for purchase after the conclusion of the event.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- The group discount deadline has passed.
Download Individual Registration Form
Course Description
FELTG’s flagship course UnCivil Servant empowers federal supervisors and advisers to confidently handle the challenges that come with supervising in the federal workplace. We hope that you never have to fire an employee. But it’s important that you have the tools to effectively address poor performance and misconduct, should the need arise.
Over the course of two half-days, UnCivil Servant identifies misconceptions about performance and misconduct-based actions and provides you with simple step-by-step guidance for taking swift, appropriate and legally defensible actions. The program also covers the very latest with Executive Order 13839, plus OPM regulations on performance and conduct.
Join FELTG for this special event, from wherever you are working – agency office or home. The program will be presented live, and you’ll have time to ask questions and get answers in real time. Note: This course fulfills OPM’s mandatory training requirements for new supervisors found at 5 CFR 412.202(b).
This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.
Download Individual Registration Form
Instructor
Who Should Attend
Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.
Agenda
Wednesday, April 29
Accountability for Conduct and Performance, Part I: Accountability and supervisory authority; discipline and misconduct theory and practice; the five elements of discipline; off-duty misconduct; penalty defense and due process.
Thursday, April 30
Accountability for Conduct and Performance, Part II: Discipline procedures and appeals; disciplinary documents; defining unacceptable performance; dealing with poor performers; performance-based removal procedures.
Price
- Early Bird Tuition: $210 per session, $395 for both sessions (register by April 20).
- Standard Tuition: $225 per session, $425 for both sessions (register April 21-30).
- Rates per registrant.
- Want to register a group? Group discounts available though April 20. Contact FELTG.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its Virtual Training Institute events. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- What if I want to attend a session but have a schedule conflict?
- FELTG plans to record every session, and will make recordings available for purchase after the conclusion of the event. FELTG also plans to offer this live event periodically.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- If an agency wishes to register 10 or more attendees for the full event, a group discount will be applied if all registrations are received and paid for together. Group discount deadline is April 20.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG goes not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I earn HRCI credits for attending this class?
- Each session is approved for 1.5 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
FELTG is making its webinars easier to access during the COVID-19 closures and emergency telework scheduling, to ensure that proper training is still available when the majority of employees are working at home. Contact us at 844.283.3584 or [email protected] to find out how this applies to our webinars, or how you can bring FELTG’s off-the-shelf or custom webinars directly to your agency.
Instructor
Course Description
What will be the impact on President Trump’s letter permitting the Department of Defense to bypass unions? What about the FLRA’s decision to change the rules on dues withholding?
Joe Schimansky, former Executive Director of the Federal Service Impasses Panel, will take a look at what’s been happening at the FLRA in the last several months, and what’s likely to happen in the near future. He’ll review the latest decisions by the FLRA and FSIP to demonstrate how the world of federal labor relations is changing daily.
If you are involved in federal sector labor relations, this is a webinar you can’t afford to miss.
Price
- Early Bird Tuition (payment required by April 27, 2020):
- 1 line: $100
- 2-5 lines: $185
- 6-9 lines: $260
- 10-15 lines: $340
- 16-20 lines: $425
- Standard Tuition (payments made April 28, 2020 or later):
- 1 line: $115
- 2-5 lines: $215
- 6-9 lines: $290
- 10-15 lines: $370
- 16-20 lines: $455
Additional teleworkers may be added for $40 each, if space is available.
FELTG is making its webinars easier to access during the COVID-19 closures and emergency telework scheduling, to ensure that proper training is still available when the majority of employees are working at home. Contact us at 844.283.3584 or [email protected] to find out how you can bring FELTG’s off-the-shelf or custom webinars directly to your agency.
Instructor
Course Description
If a contractor files an EEO complaint, your agency may be liable. The federal-sector EEO process is not exclusively limited to civil service employees. Contractors can file EEO complaints if the agency is determined to be a “joint employer.” How do you determine if you are a joint employer? Join FELTG as we cover the Ma factors; applying the Ma test; roles and responsibilities of agency personnel when contractors start the EEO process; defenses to the “joint employer” allegation; and the common questions and answers that arise from agencies dealing with contractors.
This is the third webinar in a four-part series on Navigating Challenges in the EEO Process.
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Price
- Early Bird Tuition (payment required by April 28, 2020):
- 1 line: $100
- 2-5 lines: $185
- 6-9 lines: $260
- 10-15 lines: $340
- 16-20 lines: $425
- Standard Tuition (payments made April 29, 2020 or later):
- 1 line: $115
- 2-5 lines: $215
- 6-9 lines: $290
- 10-15 lines: $370
- 16-20 lines: $455
Additional teleworkers may be added for $40 each, if space is available.
EEO Challenges in a COVID-19 World
The workplace has been turned upside down over the last few weeks as more than a million federal employees have left their desks and agency facilities to work from home. But just because there’s nobody in the office doesn’t mean that EEO problems have vanished, too. Plus, EEO problems for workers whose presence is deemed essential – such as health care providers, security officers, law enforcement officials – are on the rise.
HR specialists, EEO professionals, agency attorneys and supervisors are finding that instead of decreasing as social distancing sets in, EEO problems are getting more challenging – and some of the questions that are arising have no legal precedent, due to the unprecedented nature of this pandemic. It’s expected that these challenges will continue, and possibly increase, once the majority of workers report back to their offices.
It may seem as though you’re suddenly navigating uncharted waters. Have no fear. During this half-day virtual training event, Attorney Katherine Atkinson will explain how applying the basic EEO framework can answer the aforementioned and other puzzling EEO questions you may suddenly face. Because Ms. Atkinson will use a legal analysis to address these challenges, the answers and guidance you receive during this virtual training will be useful long after the coronavirus is gone.
Topics covered will include answers to these questions:
- If a supervisor treats an employee like she has COVID-19, could that employee have a “regarded as” claim under the ADA/Rehabilitation Act?
- How would you handle an employee’s claim that he’s being harassed because he is at high risk for COVID-19, or has recovered from the virus?
- Can you direct someone with asthma to telework when she prefers to work in the office?
- Must you provide telework or other accommodations to all employees with pre-existing conditions that make them high risk for COVID-19?
Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.
Learning Objectives
Attendees will learn how to determine:
- Whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation.
- How OPM’s telework flexibilities impact the federal workplace.
- When and how to take action against pandemic-related harassment and discrimination.
This program runs from 12:30 – 4:00 eastern, with a 30-minute break from 2:00 – 2:30 eastern.
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Download Individual Registration Form
Price
- Early Bird Tuition (register by May 6): $250
- Standard Tuition (register May 7-13): $280
- Rates per registrant.
- Want to register a group? Group discounts are available through May 6. Contact FELTG.
- REGISTER NOW.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its Virtual Training Institute events. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- What if I want to attend a session but have a schedule conflict?
- FELTG plans to record every session, and will make recordings available for purchase after the conclusion of the event.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals. Group discounts are available through May 6.
Event Description
Investigating harassment in your agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task. It’s even more challenging during the COVID-19 pandemic when most investigations must be done virtually.
Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally-sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.
Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. And much more.
This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.
You can register for any of the sessions individually, or you can register for all three. This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.
Download Individual Registration Form
Monday, May 18, 2020
Session 1: Investigating Harassment: Misconduct Principles
12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President
Course Description: An effective harassment investigation begins with a solid foundation of misconduct law in the federal workplace. Attorney and FELTG President Deborah J. Hopkins will explain the principles that underpin a successful investigation of federal employee misconduct, whether it’s on-duty or off-duty. Attendees will learn the five elements of discipline and understand how they relate to the misconduct investigation process. Plus, they’ll learn about evidence standards and burdens of proof in misconduct cases, how Douglas factors play in to an investigation, the importance of nexus, what to do when a witness won’t cooperate, and much more.
Learning Objectives
Attendees will learn how to:
- Identify the relationship between the foundations of federal accountability and misconduct investigations.
- Identify and collect relevant penalty evidence during the investigation.
- Recognize the mistakes that derail effective misconduct and harassment investigations.
Tuesday, May 19, 2020
Session 2: Understanding Harassment and Planning the Investigation
12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor
Course description: What is the scope of the investigation? Who should you interview? What documents are you going to need? Preparing your investigative plan is a critical step in developing a legally sufficient investigation. Attorney Katherine Atkinson will explain the proper role of the investigator and how you can avoid the pitfalls of an insufficient investigation with the proper preparation and knowledge. Plus, she’ll answer important questions about representation: Does the witness have the right to a representative? Does the union have a right to attend the interview – even if the witness doesn’t want the union there? What rights does agency management have in the process?
Learning Objectives
Attendees will learn how to:
- Discern the difference between EEO and non-EEO harassment, and the impact that has on the investigations’ legal sufficiency.
- Identify witness rights and management rights.
- Recognize the three basic characteristics of evidence in a harassment investigation.
Wednesday, May 20, 2020
Session 3: Conducting the Investigation and Writing the Report
12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)
Presented by Meghan Droste, Attorney at Law, FELTG Instructor
Course description: Attorney Meghan Droste will share legal principles and proven guidance to navigate this most critical and challenging part of harassment investigations: conducting the interviews and gathering relevant evidence. Attendees will leave the session with techniques for questioning, tools for reading body language, suggestions on how to handle difficult personality types, and tips for writing the fact-finding report (FFR) and report of investigation (ROI). Ms. Droste will also share how technology is changing the investigation process, including a very timely discussion of conducting virtual interviews.
Learning Objectives
Attendees will learn how to:
- Identify the similarities and differences in conducting onsite and virtual interviews.
- Apply logic and judgment to evaluate conflicting statements.
- Write a fulsome report on the findings from the harassment investigation.
Price
- Early Bird Tuition (register by May 8): One Session = $240 | Two Sessions = $480 | Full Event = $645
- Standard Tuition (register May 9-May 20): One Session = $255 | Two Sessions = $510 | Full Event = $695
- Rates per registrant. No split registrations permitted.
- Want to register a group? Group discounts are available through May 8. Contact FELTG.
- REGISTER NOW.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its Virtual Training Institute events. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- 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 based on the number of sessions attended by employees in an organization. If an agency wishes to register participants for a total of 30 sessions, a group discount will apply if all registrations received and paid for together. For example, that could be 10 Full Event registrations; or 15 people attending two sessions each. Group discounts are only available through May 8.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.
Event Description
Though the world looks different than it did a few months ago, one thing hasn’t changed: the need for agencies to take disciplinary actions against employees who violate workplace rules. It’s more important than ever for agency advisers to be aware of new regulations, and the current status of the executive orders, that apply to executive branch employees. FELTG’s Virtual Training Institute presents Taking Defensible Disciplinary Actions, a three-day virtual program covering the legal requirements and best practices for taking defensible disciplinary actions in the federal government – actions that will withstand appeal by a third party.
Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience. You can register for any of the sessions individually, or you can register for all three.
This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.
Download Individual Registration Form
Monday, June 1, 2020
Session 1: The Foundations of Accountability: Discipline and Adverse Actions
12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President
Session Description: This session begins with a discussion of the foundations of accountability based on the Civil Service Reform Act and the Department of Veterans Affairs Accountability and Whistleblower Protection Act, and the importance of understanding the differences between employee poor performance and misconduct. The program will cover the five elements that must be present in every disciplinary case, plus discipline and adverse action procedures, and how an agency can defend itself in an appeal to an MSPB administrative judge or in front of an arbitrator. Plus, we’ll spotlight discipline alternatives such as last chance agreements and last rites discussions.
Learning Objectives
Attendees will learn how to:
- Understand the differences between misconduct and poor performance.
- Develop a disciplinary record containing the five elements of a legally-defensible disciplinary case.
- Identify alternatives to traditional discipline.
Tuesday, June 2, 2020
Session 2: Charges and Penalties
12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)
Presented by Ann Boehm, Attorney at Law, FELTG Instructor
Session Description: If you’ve been in the business for more that a few days, you know the importance of drafting legally-sufficient disciplinary charges, and the importance of making a reasonable penalty determination. Yet many agencies still lose cases because of poorly-drafted charges. This session will cover the art and science behind drafting disciplinary charges, including the types of charges, parts of a charge, how charges are interpreted, and alternative charges. From there the discussion will turn to MSPB and Federal Circuit lead cases in penalty determination, and defending the penalty using the Douglas factors, including getting “intent” penalties off of “non-intent” charges, and proving harsh penalties off of vanilla charges. Plus, we’ll cover the important aspects of drafting proposal and decision letters.
Learning Objectives
Attendees will learn how to:
- Identify sound, legally-defensible charges that correspond to an employee’s misconduct.
- Understand how the Douglas factors impact the reasonableness of an agency’s penalty.
- Draft proposal and decision letters according to legal standards.
Wednesday, June 3, 2020
Session 3: Affirmative Defenses and Mixed Cases
12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)
Presented by Deborah Hopkins, Attorney at Law, FELTG President and Robert Woods, Attorney at Law, FELTG Instructor
Session Description: When it comes to discipline, employees often want to challenge management in an attempt to get the discipline overturned. On some occasion, those challenges can be a bit complicated. This session will cover two areas you’ll need to be prepared for: affirmative defenses and mixed cases. We’ll take a look at the multiple types of reprisal an employee might allege as an affirmative defense, plus cover what to do if an employee alleges an agency action was motivated by EEO discrimination, or accused the agency of committing a harmful error. From there the discussion will focus the anatomy of a mixed case appeal or a mixed case complaint, and what you should do when one of these lands on your desk.
Learning Objectives
Attendees will learn how to:
- Understand affirmative defenses and learn how to defend against them.
- Successfully defend your agency against whistleblower reprisal complaints.
- Identify and successfully navigate scenarios involving mixed cases.
Price
- Early Bird Tuition (register by May 22): One Day = $275 | Two Days = $525 | Full Event = $750
- Standard Tuition (register May 23-June 3): One Day = $325 | Two Days = $575 | Full Event = $795
- Rates per registrant. No split registrations permitted.
- Want to register a group? Group discounts are available through May 22. Contact FELTG.
- REGISTER NOW.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Webex to broadcast its Virtual Training Institute events. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through May 22.
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.
FELTG is making its webinars easier to access during the COVID-19 closures and emergency telework scheduling, to ensure that proper training is still available when the majority of employees are working at home. Contact us at 844.283.3584 or [email protected] to find out how you can bring FELTG’s off-the-shelf or custom webinars directly to your agency.
Instructor
Course Description
Failure to interview any of the witnesses identified by the complainant? Yes, it’s happened. Failure to investigate the complainant’s overriding claim? Yes, that too has happened. The EEOC has seen its fair share of bad investigations in recent years. Join FELTG for this final installment of our Navigating Challenges in the EEO Process series. This 60-minute webinar will explain how to keep integrity in the EEO process and review the following topics: Characteristics of a legally sufficient investigation; investigatory standards – impartiality, appropriateness, evidence-based investigation; relevant documents and witnesses; reviewing the investigation.
1
Price
- Early Bird Tuition (payment required by May 26, 2020):
- 1 line: $100
- 2-5 lines: $185
- 6-9 lines: $260
- 10-15 lines: $340
- 16-20 lines: $425
- Standard Tuition (payments made May 27, 2020 or later):
- 1 line: $115
- 2-5 lines: $215
- 6-9 lines: $290
- 10-15 lines: $370
- 16-20 lines: $455
Additional teleworkers may be added for $40 each, if space is available.