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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

Deborah Hopkins, Ann Boehm

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

Download Registration Form

If only all employees showed up for work when they were supposed to and behaved like responsible adults. If so, your job would be easier. Also, you wouldn’t need to attend this open enrollment course. But alas, attendance and conduct challenges are very real. And very complicated. However, your time is limited. That’s why we created this intensive two-day course for supervisors and advisers. Over two days, leave expert Barbara Haga will provide you with everything you need to know to effectively handle your most challenging attendance and conduct issues.

Day one runs the gamut on attendance issues from AWOL to Sick Leave; from the ins and outs of the Family and Medical Leave Act to Leave Without Pay; from Annual Leave accrual to understanding the role of EEO in leave and attendance. On day two, you’ll learn the principles, understand the penalties, and gather the necessary tools to take effective and decisive disciplinary action.

Instructor

Barbara Haga

Daily Agenda:

Wednesday

Attendance Challenges:  Legislative and regulatory requirements related to employee relations programs; Merit Principles and Prohibited Personnel Practices; Annual Leave accrual; purposes for which sick leave may be used; sick leave for family care and bereavement; granting/denying sick leave; advanced leave; sick leave abuse, Disabled Veteran leave;  FMLA coverage, entitlements, and family member eligibility; serious health conditions; medical certification requirements, substitution of paid leave; Court Leave; LWOP; leave transfer; excused absence; AWOL; reasonable accommodation.

Thursday

Conduct Challenges:  Philosophy of discipline, roles in the process, and due process;  Nexus; Douglas factors; table of penalties; Pre-Action investigations; procedural requirements of disciplinary and adverse actions;  Common disciplinary charges, such as  Theft, insubordination, falsification, threats, misuse, negligence, unacceptable performance as a conduct matter, conduct unbecoming, excessive absence, and inability to perform; grievances and appeals; medical issues.

Pricing

Early Bird Tuition (register by August 13):

• 2 days = $970
• 1 day = $530

Standard Tuition (register August 8 – 22):

• 2 days = $1070
• 1 day = $630

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

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

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

The program runs 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.

Instructors

William Wiley, Deborah Hopkins

Daily Agenda

Monday

Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, 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 Board’s lack of a quorum, 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 Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.

Pricing

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

Download Registration Form

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 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

Deborah Hopkins, Dwight Lewis

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; handling the absent employee and dealing with attendance issues; medical removals; union considerations; mentorship in the federal government.

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

• • Early Bird Tuition (register by September 3):
    • 3 days = $1380
    • 2 days = $980
    • 1 day = $540

    Standard Tuition (register September 4 – September 19):

    • 3 days = $1480
    • 2 days = $1080
    • 1 day = $640

     

Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed., by Wiley and Hopkins.

Lodging

The hotel has a limited block of rooms reserved for the event at the federal per diem rate. Please contact the hotel directly at 404-418-1212 and reference FELTG when booking.

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 will not be refunded, and will not be given credit toward another course after the cancellation date on the registration form. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

Federal employees enjoy a wide variety of leave-related benefits. However, many of us would never use the words “enjoy” and “leave” so closely together. Whether you’re an HR professional, employee relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge. FELTG’s Absence, Leave Abuse & Medical Issues Week will give you the critical foundation you need to address the most complex areas of federal employment law.

Our expert speakers will discuss sick leave, annual leave, leave without pay, absence without leave, and FMLA. Then they will tackle the most current, relevant topics, such as medical issues and unacceptable performance, leave and reasonable accommodation, medical documentation, medical exams, and, of course, leave abuse.

You’re going to learn an awful lot about “leave” and you’re going to “enjoy” the training.

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.

Instructors

Deborah Hopkins, Barbara Haga, Katherine Atkinson

Daily Agenda:

Monday – Leave Use Overview

Types of leave and leave entitlements; proper leave administration; discretionary leave scenarios; leave stacking; understanding when you can say no to a leave request; Administrative Leave Act of 2016 changes.

Tuesday – 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.

Wednesday – Handling the Leave Abuser; Medical Removals

Handling the leave abuser; documentation necessary to discipline an employee for leave abuse; steps to disciplining leave abusers; AWOL charges; leave restriction; excessive absence removals; medical inability to perform removals.

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.

Early Bird Tuition (register by September 9):

• 5 days = $2170
• 4 days = $1780
• 3 days = $1370
• 2 days = $970
• 1 day = $530

Standard Tuition (register September 10 – September 27):

• 5 days = $2270
• 4 days = $1880
• 3 days = $1470
• 2 days = $1070
• 1 day = $630

Metro, Parking, Directions

Metro: The International Student House (1825 R Street NW) is located in convenient proximity to the Red Line. Exit Metro at the Dupont Circle station and proceed to the Q Street/North exit. Head north (you will come off the escalator facing north; if you use the elevator take a left after exiting) on Connecticut Avenue to R Street NW (approximately one block). Turn right onto R Street NW. Cross 19th Street NW and the International Student House will be on the left side of the street approximately halfway down the block. If you reach the Bikeshare dock, you’ve gone too far. Approximate walk time: 7-10 minutes.

Parking: Street parking is metered and is limited to two hours, unless you have a Washington, DC, Zone 2 parking pass. The closest parking garage is at 11 Dupont Circle, approximately two blocks from the International Student House (1825 R Street NW). Approximate walk time: 5 -7 minutes.

From the Carlyle Hotel: After exiting the Carlyle Hotel, turn left. At the first intersection, R Street NW, turn right. Proceed approximately one block. The International Student House (1825 R Street NW) will be on your right, just past the Bikeshare dock. Approximate walk time: 4-6 minutes.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

Sessions are held daily from 8:30 a.m. – 4:00 p.m. Monday through Thursday, and 8:30 a.m. – 12:00 p.m. Friday.

Instructor

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: MSPB prehearing submissions, drafting final agency decisions. Workshops: Drafting a Prehearing Submission, Writing a FAD.

Friday

Legal Writing V — Writing for the MSPB and EEOC (con’t.): Motion practice and summary judgment, MSPB petitions for review and EEOC appeals, MSPB petitions for review and EEOC appeals, 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.

Early Bird Tuition (register by Sept. 23):

• 5 days = $2180
• 4 days = $1790
• 3 days = $1380
• 2 days = $980
• 1 day = $540

Standard Tuition (register Sept. 23-Oct. 11):

• 5 days = $2280
• 4 days = $1890
• 3 days = $1480
• 2 days = $1080
• 1 day = $640

Metro, Parking, Directions

Metro: The International Student House (1825 R Street NW) is located in convenient proximity to the Red Line. Exit Metro at the Dupont Circle station and proceed to the Q Street/North exit. Head north (you will come off the escalator facing north; if you use the elevator take a left after exiting) on Connecticut Avenue to R Street NW (approximately one block). Turn right onto R Street NW. Cross 19th Street NW and the International Student House will be on the left side of the street approximately halfway down the block. If you reach the Bikeshare dock, you’ve gone too far. Approximate walk time: 7-10 minutes.

Parking: Street parking is metered and is limited to two hours, unless you have a Washington, DC, Zone 2 parking pass. The closest parking garage is at 11 Dupont Circle, approximately two blocks from the International Student House (1825 R Street NW). Approximate walk time: 5 -7 minutes.

From the Carlyle Hotel: After exiting the Carlyle Hotel, turn left. At the first intersection, R Street NW, turn right. Proceed approximately one block. The International Student House (1825 R Street NW) will be on your right, just past the Bikeshare dock. Approximate walk time: 4-6 minutes.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

President Trump issued three executive orders last year that had a significant impact on federal labor relations. With orders regarding official time, negotiation timeframes, and union responsibilities to pay for things they never had to pay for before, this was the biggest change to rock the world of federal labor relations in years. Three months later, a D.C. District Court Court judge enjoined several parts of the EOs, stating they were illegal. The White House then appealed.. And then this summer, that District Court ruling was overturned by an Appeals Court. The Executive Orders are no longer enjoined.

Where do things stand today? Join FELTG for FLRA Law Week and we’ll bring you up to speed on what you can, cannot and should do under these EOs.

But that’s not all. Every labor attorney, labor relations 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 — and with instructors who spent a combined 38 years working at the FLRA, there’s no other federal labor relations training that will give you this type of inside perspective. You won’t want to miss it.

The program runs 8:30 – 4:00 each day.

Instructors

Ann Boehm, Joe Schimansky

Daily Agenda

Monday

Basic Management and Employee Rights: An overview of the Federal Service Labor-Management Relations Statute; the current status of Executive Orders 13836 and 13837; fundamental employee, union, and management rights; bargaining unit definition; the union organizer’s role; information requests; official time.

Tuesday

Labor Relations Meetings and Bargaining: More on official time; formal discussions; union representative rights; the collective bargaining process; the three categories of bargaining: mandatory, permissive, and prohibited.

Wednesday

Unfair Labor Practices and Negotiability: What happens when the FLRA comes knocking; the anatomy of an Unfair Labor Practice;  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; interest based bargaining as compared to hard ball bargaining,

Friday

Understanding Arbitration Issues: The 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.

Early Bird Tuition (register by October 7):

• 5 days = $2170
• 4 days = $1780
• 3 days = $1370
• 2 days = $970
• 1 day = $530

Standard Tuition (register October 8 – October 25):

• 5 days = $2270
• 4 days = $1880
• 3 days = $1470
• 2 days = $1070
• 1 day = $630

Download Registration Form

Let’s face it: Being a federal sector Employee Relations Specialist is a tough job. It’s great to know the basics, but the basics don’t always help you when you’re facing those really challenging situations. That’s when you realize that there is much more to learn. No worries. FELTG is presenting Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations training you need most.

Held in New Orleans in November 2019, you’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation, and more. Plus, hands-on workshops will allow you to leave with the tools you’ll need to succeed. And it will all be taught by FELTG Senior Instructor Barbara Haga.

Great training. Great instructor. Great location. Register now.

The program runs 8:30 – 4:30 each day.

Instructor

Barbara Haga

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. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.

Wednesday

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

Early Bird Tuition (November 5):

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

Standard Tuition (register November 6 – November 21):

• 3 days = $1470
• 2 days = $1070
• 1 day = $630

Nearby hotel (walking distance): Towne Place Suites New Orleans Metairie

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

Let’s face it: being a federal sector Employee Relations Specialist is a tough job. It’s great to know the basics, but the basics don’t always help you when you’re facing those really challenging situations. That’s when you realize that there is much more to learn. No worries. FELTG is presenting Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations training you need most.

You’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation, and more. Plus, hands-on workshops will allow you to leave with the tools you’ll need to succeed. And it will all be taught by FELTG Senior Instructor Barbara Haga.

Great training. Great instructor. Great location. Register now.

The program runs 8:30 – 4:30 each day.

Instructor

Barbara Haga

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. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.

Wednesday

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

• • Early Bird Tuition (register by January 31):
    • 3 days = $1370
    • 2 days = $970
    • 1 day = $530

    Standard Tuition (register February 1 – 13):

    • 3 days = $1470
    • 2 days = $1070
    • 1 day = $630

     

Lodging

The hotel has a limited block of rooms reserved for the event at the federal per diem rate. Please contact the hotel directly at 404-418-1212 and reference FELTG when booking, or use this link to book online: https://www.marriott.com/event-reservations/reservation-link.mi?id=1569526915772&key=GRP&app=resvlink.

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 will not be refunded, and will not be given credit toward another course after the cancellation date on the registration form. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

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

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

The program runs 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.

Instructors

William Wiley, Deborah Hopkins

Daily Agenda

Monday

Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, 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 Board’s lack of a quorum, 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 Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.

Pricing

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

Download Individual Registration Form

Event Description

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

Deborah Hopkins

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.

Download Registration Form

Event Description

Investigating harassment in your agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task. It’s even more challenging during the COVID-19 pandemic when most investigations must be done virtually.

Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally-sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.

Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. And much more.

This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.

You can register for any of the sessions individually, or you can register for all three. This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.

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.

Download Registration Form

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.

Download Individual Registration Form

Course Description

If there’s one issue that comes up in every training class regardless of the audience or topic, it’s Reasonable Accommodation in the federal workplace. Now’s your chance to attend a two-day event focused entirely on appropriately and legally handling reasonable accommodation requests, including the more complicated scenarios where there’s not an easy answer. FELTG’s Virtual Training Institute proudly presents Reasonable Accommodation Spotlight: Challenges and Trends in Federal Agencies.

Let FELTG’s experienced instructors guide you through the complexities in the reasonable accommodation process, and show you the best ways to avoid pitfalls, so that your agency provides appropriate, useful, and legally-defensible accommodations for individuals who are entitled to receive them. Covering everything from the foundations of the law to challenges such as providing accommodations to teleworkers, allowing emotional support animals in the workplace, accommodating stress, properly handling requests for medical documentation, and including the very latest EEOC guidance on COVID-19 and more, this is a class you can’t afford to miss. Plus, you’ll have multiple opportunities to ask your Reasonable Accommodation questions – and get answers in real time.

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

6

Who Should Attend

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

Agenda

Tuesday, June 16 – Reasonable Accommodation: The Foundations and Challenges

12:30 – 4:00 pm eastern (break from 2:00 – 2:30), with Instructor Meghan Droste

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

Wednesday, June 17 – Reasonable Accommodation Trends

12:30 – 4:00 pm eastern (break from 2:00 – 2:30), with Instructor Katherine Atkinson

Course topics: Requests for telework, flexible work schedules, and leave as Reasonable Accommodation; accommodating the commute; accommodating stress; handling requests for a new supervisor as accommodation; accommodating service animals vs. emotional support animals in the workplace; medical documentation; medical exams and inquiries; updated COVID-19 guidance from EEOC.

Price

• Early Bird Tuition: $295 per session, $560 for both sessions (register by June 5).
• Standard Tuition: $330 per session, $595 for both sessions (register June 6-17).
• Rates per registrant. No split registrations.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast its Virtual Training Institute events. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• Can I earn CLE credits or EEO refresher training for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended. Attendees may also request a certificate for EEO refresher hours upon completion of this program.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through June 5.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

Event Description

Holding federal employees accountable for performance and conduct is easier than you might think. Too many supervisors believe that an employee’s protected activity (EEO complaints, whistleblower disclosures, or union activity) precludes the supervisor from initiating a suspension or removal, but that’s just not true. During the COVID-19 pandemic, it’s even more imperative your employees are doing the work they are assigned to do, and following all workplace rules along the way.

FELTG is here to make federal supervisors’ and advisers’ lives easier by clarifying those misconceptions while helping supervisors understand how to take defensible misconduct actions quickly and fairly – actions that withstand scrutiny on appeal by the MSPB, EEOC, or in grievance arbitration. Plus, if you have an under-performing employee working for you now, we will show you the steps to take to give the employee an opportunity to demonstrate acceptable performance, and how to determine whether the employee is successful or should be removed. In addition, we’ll discuss how you can defend against allegations of discrimination and hostile work environment claims, and the role of the supervisor and advisor throughout the EEO process.

Join us for this three-day seminar and come away with the tools you need to hold your employees accountable, and defend every action you take.

The program runs from 9:00 – 4:00 eastern each day, with a break from 12:00 – 1:00, and when taken together days 1 & 2 meet OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).

Download Individual Registration Form

Tuesday, June 23, 2020

Session 1: Accountability for Conduct and Performance, Part I

9:00 am – 4:00 pm EDT (break from 12:00 – 1:00)

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

Course Description: This program begins with a discussion on the foundations of accountability and supervisory authority in the federal government. After learning to identify the differences between performance and conduct issues, the seminar will shift the focus to discipline and misconduct theory and practice. From emphasizing the five elements of misconduct, to explaining how an agency can defend its penalty and provide the employee with due process, to a discussion on discipline procedures and appeals, the attendee will receive a thorough education on properly – and legally – handling employee misconduct issues in the federal workplace.

Learning Objectives

• Understand the differences between employee performance and misconduct issues
• Identify the five elements that must be presents in every discipline case
• Recognize the supervisor’s and advisor’s roles in disciplinary procedures and appeals

Wednesday, June 24, 2020

Session 2: Accountability for Conduct and Performance, Part II

9:00 am – 4:00 pm EDT (break from 12:00 – 1:00)

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course Description: This session begins with a focus on one of the most misunderstood areas of accountability: poor performance. The conversation includes the requirements to implement a performance demonstration period, initiating and completing a performance-based action, and determining the appropriate outcome after the employee has been given an opportunity to demonstrate acceptable performance. From there, the discussion turns to some tricky supervisory scenarios that become less intimidating after explanation: dealing with attendance issues, properly handling the absent employee, medical removals and dealing with union issues.

Learning Objectives

• Understand the legally-required procedures to hold an employee accountable for poor performance
• Identify and implement the procedures to deal with leave abuse
• Acknowledge how dealing with employees in a bargaining unit is different than non-bargaining unit employees

Thursday, June 25, 2020

Session 3: Defending Against Discrimination Complaints: The Supervisor’s Role in EEO

9:00 am – 4:00 pm EDT (break from 12:00 – 1:00)

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course Description: One of the most intimidating experiences for a federal supervisor is being named in an EEO complaint. Yet, if you are a supervisor for any length of time, there’s a good chance it will happen. This session helps to clarify the federal EEO process so supervisors understand how defend against allegations of discrimination. After an explanation of the protected EEO categories, we’ll cover what to do – and what not to do – if you’re a Responding Management Official in a complaint, and what happens if you’re called as an EEO witness. From there, the program will cover the theories of discrimination, and will provide you with the tools you need to prove your workplace actions were legitimate and non-discriminatory. You’ll sleep better at night after attending this session!

Learning Objectives

• Identify the theories of discrimination in the federal workplace
• Recognize the situations where a employees need reasonable accommodation – and your role in the process
• Understand how to successfully defend against allegations of harassment and discrimination

Pricing

Early Bird Tuition (register by June 9):

• 3 days = $1400
• 2 days = $1000
• 1 day = $560

Standard Tuition (register June 10-25):

• 3 days = $1500
• 2 days = $1100
• 1 day = $660

Seminar registration includes a printed copy of the materials, and a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive materials by the training date, please register by June 9 and provide a shipping address. Registrations received after June 9 will also receive printed materials, but materials are not guaranteed to arrive by the training date.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.

• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through June 9.

Download Individual Registration Form

Course Description

Let’s face it: being a federal sector Employee Relations Specialist is a tough job. It’s great to know the basics, but the basics don’t always help you when you’re facing complicated or challenging situations. That’s when you realize that there is much more to learn. No worries. The FELTG Virtual Training Institute presents Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations training you need most.

You’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation, and more. Plus, interactive workshops will allow you to leave with the tools you’ll need to succeed. And it will all be taught by FELTG Senior Instructor Barbara Haga, one of the most experienced federal employee relations professionals you’ll ever meet.

The program runs 9:00 – 4:00 each day and is approved for 18 HRCI general recertification credits.

Instructor

Barbara Haga

Daily Agenda:

Tuesday, July 7

Leave and Attendance: Administering leave, with particular emphasis on sick leave, LWOP, and FMLA. Detailed review of sick leave provisions including authorized purposes for use of sick leave, limitations on use of sick leave for family care and bereavement, eligibility to use leave for care, notice requirements, acceptable documentation. Management actions to control use of leave and abuse of sick leave. Detailed review of FMLA provisions including eligibility to invoke FMLA, entitlement, coverage of family members, administration and notice requirements. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.

Wednesday, July 8

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, July 9

Misconduct and Other Related Issues: Implementation of a successful disciplinary program – delegation of authority, role of advisors, warnings and cautions, use of administrative leave. Nexus. Dealing with comparators in determining a penalty. Involuntary actions – resignations and retirements. Ordering and Offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, disability retirement, separation disability; conduct unbecoming; misuse and technology-related misconduct; failure to meet conditions of employment.

Pricing

• • Early Bird Tuition (register by June 22):
    • 3 days = $1370
    • 2 days = $970
    • 1 day = $530

    Standard Tuition (register June 23 – July 9):

    • 3 days = $1470
    • 2 days = $1070
    • 1 day = $630

     

Seminar registration includes a printed copy of the materials. In order to receive materials by the training date, please register by June 22 and provide a shipping address. Registrations received after June 23 will also receive printed materials, but materials are not guaranteed to arrive by the training date.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through June 22.

Download Individual Registration Form

Course Description

Federal employees enjoy a wide variety of leave-related benefits. However, many of us would never use the words “enjoy” and “leave” so closely together. Whether you’re an HR professional, employee relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge. FELTG’s Absence, Leave Abuse & Medical Issues Week: COVID-19 and Beyond will give you the critical foundation you need to address the most complex areas of federal employment law, including the recent challenges related to the COVID-19 Pandemic.

Our speakers will discuss sick leave, annual leave, leave without pay, absence without leave, and FMLA. Then they will tackle the most current, relevant topics, such as disciplining employees for leave abuse, dealing with medical issues and unacceptable performance, leave and reasonable accommodation, medical documentation, medical exams, and more.

If you attend, you’re going to learn an awful lot about “leave” and you’re going to “enjoy” the training.

The program runs 9:00 am – 4:00 pm eastern each day, with a break from 12:00 pm – 1:00 pm, and is pre-approved for 29 CLE credits in Virginia and California. It is also approved for 29 HRCI general recertification credits.

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; federal supervisors and managers; union representatives.

Instructors

Barbara Haga, Deborah Hopkins, Katherine Atkinson, Meghan Droste 

Daily Agenda:

Monday, July 13

Leave Use Overview: Course topics: Types of leave and leave entitlements; proper leave administration; discretionary leave scenarios; leave stacking; understanding when you can say no to a leave request; Administrative Leave Act of 2016 changes.

Tuesday, July 14

FMLA Law and Policy: Course topics: Federal sector FMLA basics, including new provisions on paid family leave, employee notice issues, serious health condition developments, medical certification issues, managing intermittent FMLA leave; discipline and performance issues when FMLA is involved; last chance agreements with FMLA.

Wednesday, July 15

Leave-Related Discipline & Medical Removals: Course topics: The five elements of discipline; leave-related misconduct; documentation necessary to discipline an employee for leave-related misconduct and leave abuse; AWOL charges; excessive absence removals; medical inability to perform removals.

Thursday, July 16 

Reasonable Accommodation: Entitlements and Processes: Course topics: The ADA Amendments Act; the Rehabilitation Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; flexible work schedules and alternative work locations; religious accommodation.

Friday, July 17

Medical Documentation, Medical Requests and Record Confidentiality: Course topics: How the ADAAA and GINA impact the collection of medical information; pre- and post-employment medical exams and inquiries; conditional employment offers; medical documentation requests; direct threat; conflicting regulations and contra court decisions.

Pricing

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

Early Bird Tuition (register by June 29):

• 5 days = $2190
• 4 days = $1795
• 3 days = $1385
• 2 days = $980
• 1 day = $540

Standard Tuition (register June 30 – July 17):

• 5 days = $2290
• 4 days = $1895
• 3 days = $1485
• 2 days = $1080
• 1 day = $640

Seminar registration includes a printed copy of the materials. In order to receive materials by the training date, please register by June 29 and provide a shipping address. Registrations received after June 29 will also receive printed materials, but materials are not guaranteed to arrive by the training date.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through June 29.