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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

Course Description

As Federal EEO practitioners know, FAD is short for Final Agency Decision. But the word “Final” is often misleading. A FAD is appealable, by the complainant, to the EEOC. And many employees will take advantage of that opportunity to appeal the agency’s decision.

EEOC decisions are littered with reversals of agency’s FADs finding no discrimination. An employee has that right to appeal and you cannot interfere with that. However, you can ensure that your FADs are written in a way that withstands scrutiny by the EEOC, and it starts with knowing and understanding discrimination law, as applied to the Federal workplace.

Over two half-days, Attorney Katherine Atkinson will present you with everything you need to know to write an effective FAD, including identifying and avoiding the pitfalls that often lead to the EEOC reversals.

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

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

Instructor

Katherine Atkinson

Agenda

Monday, August 23

Applying Theories of Discrimination: EEO Law Overview; Intentional Discrimination; Disparate Impact; Hostile Work Environment; Reasonable Accommodation; Retaliation; overlapping forms of discrimination.

Tuesday, August 24

Writing the Report: Timeliness Issues; Effective Legal Writing: structure and language; FAD Legal Sufficiency; deconstruction exercise.

Price

• Early Bird Tuition: $370 per session, $700 for both sessions (register by August 6).
• Standard Tuition: $400 per session, $750 for both sessions (register August 7-24).
• Rates per registrant. No split registrations permitted.
• Want to register a group? Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG will use Zoom for this Virtual Training Institute event. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• What if I want to attend a session but have a schedule conflict?
  • FELTG plans to offer this live event periodically, so check our calendar for upcoming dates.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • If an agency wishes to register 10 or more attendees for the full event, a group discount will be applied if all registrations are received and paid for together. Group discount deadline is August 6.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.

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

Download Individual Registration Form

Course Description

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.

FELTG is presenting Advanced Employee Relations, a three-day seminar that gives you the kind of interactive foundational-based training necessary to handle the most challenging and complicated situations.

Held in Washington, DC, you’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation and medical issues that affect Federal employees, 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 class will run from 8:30 am – 4:30 pm each day.

Instructor

Barbara Haga

Daily Agenda:

Tuesday, September 26

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

Wednesday, September 27

Performance Management: Managing performance from system establishment to conducting
annual appraisals to taking actions linked to performance.  Requirements for
performance plans, including design of agency systems, rating schemes, and procedures for
conducting appraisals. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans. Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny (including post-Santos issues) to conducting a bona fide PIP.

Thursday, September 28

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. Adjudication of claimed involuntary resignations and retirements. Ordering and offering offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, separation disability; conduct unbecoming; misuse and technology-related misconduct; failure to meet conditions of employment.

Pricing

Early Bird Tuition (register by September 1):

• 3 days = $1795
• 2 days = $1335
• 1 day = $745

Standard Tuition (register September 2 or later):

• 3 days = $1995
• 2 days = $1535
• 1 day = $945

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 Lyle Hotel: After exiting the Lyle 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.