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There is one action you can take that, when done effectively, could have a major impact on your team’s morale and productivity. This action is something that you should be doing on a regular basis, yet it’s often overlooked amid your busy schedule. What’s this transformative action? It’s giving your employees honest, and ongoing, feedback.

During this half-day interactive virtual training experience, FELTG Instructor Anthony Marchese, Ph.D., will equip participants with the necessary tools to nurture a culture of candor that will lead to healthy and actionable feedback. You’ll learn best practices for motivating and recognizing employees, and neuroscience-based strategies for maximizing performance even when leading employees in a virtual environment. Dr. Marchese will also expose feedback myths and share the ineffective practices that you need to avoid.

Don’t let anxiety, frustration, or confusion prevent you from having honest performance-related discussions with your employees. Providing feedback effectively is a skill that can — and should — be developed. Fix performance problems before they begin. Make your agency a more efficient place to work.

This interactive session will include breakout groups, giving participants a chance to interact with each other.

Learning Objectives

Attendees will learn how to:

• Communicate performance expectations.
• Supervise effectively in a virtual environment.
• Differentiate between positive and negative framing.
• Identify behavioral styles, including your own, to provide feedback that is better understood and more useful.

Also, you will have numerous  opportunities to ask questions about the unique problems you’re facing during these unprecedented times. This program runs from 12:30 – 4:00 eastern, with a 30-minute break from 2:00 – 2:30 eastern.

Download Registration Form

Instructor

Anthony Marchese

Price

• Early Bird Tuition (register by January 22): $325
• Standard Tuition (register January 23 – February 3): $365
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through January 22. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom for this 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. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available through October 15.

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

On his first day in office, President Joseph R. Biden told political appointees he will fire them “on the spot” if they are disrespectful to their federal colleagues. The new boss made it clear: Accountability is a priority.  And there is one course that consistently provides the tools for federal supervisors and advisers to confidently and effectively address poor performance and misconduct.

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, February 10

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, February 11

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: $370 per session, $700 for both sessions (register by January 29).
• Standard Tuition: $400 per session, $730 for both sessions (register January 30 – February 11).
• 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 uses Webex for 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also 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 January 29.
• 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.

Seminar registration includes a PDF copy of the program materials, plus a hard copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive the textbook by the training date, please register by January 29 and provide a shipping address. Registrations received after January 29 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

Download Individual Registration Form

As rioters stormed the Capitol on January 6, it was the heroic actions of an under-staffed Capitol Police team that likely saved numerous lives, including those of many Members of Congress and their staff. Unfortunately, the lives of two Capitol officers have been lost.

The Federal workforce is full of talented and brave law enforcement personnel across many agencies. Yet, just as there is a small minority of misbehaving and toxic Federal workers, the same applies to Federal LEOs. In fact, a number of Federal LEOs have been suspended and others are being investigated as a result of their actions during the riot. And after reports of police officers being identified among the rioters, the promises to be deeper investigations into the infiltration of Federal and non-Federal officers affiliated with hate and white supremacy groups.

This creates a lot of questions regarding LEO conduct:

• How do conduct standards for LEOs differ from other employees?
• Are conduct standards for IG employees the same as other LEOs?
• What kinds of conduct could cause an LEO to have a security clearance revoked?
• When should an agency consider an indefinite suspensions and invoking the crime provision?
• What proof does the agency need to provide if the employee appeals her removal?

Attorney and FELTG Instructor Ann Boehm will highlight the Douglas factors that are of specific importance when disciplining officers, explain the MSPB’s role when a security clearance is revoked, discuss Giglio  issues, and identify the pitfalls that agencies need to avoid when disciplining Federal LEOs. The framework provided will apply to all your agency’s discipline cases whether the conduct involves storming the Capitol, lack of candor, insubordination, and everything in between.

Ms. Boehm spent 26 years as a government attorney, more than half of that time focusing primarily on employment and labor law in federal law enforcement agencies, so she’s just the person to answer any questions you might have – and she’ll do so in this live event.

This is an important topic that can’t be ignored. It is a matter of national security and must be handled appropriately. We hope you’ll join us.

Download Individual Registration Form

Instructor

Ann Boehm

Price

• Early Bird Tuition (register by February 8): $340
• Standard Tuition (register February 9 or later): $380
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through February 8. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG plans to record this session, and will make the recording available for purchase after the conclusion of the event.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available through February 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 Individual Registration Form

Event Description

Investigating harassment in your Federal 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. Participants will receive program materials via email on Monday, October 5.

Download Individual Registration Form

Tuesday, March 2, 2021

Session 1: Investigating Harassment: Misconduct Principles

12:30 pm – 4:00 pm eastern (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.

Wednesday, March 3, 2021

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm eastern (break from 2:00 – 2:30)

Presented by Meghan Droste, 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 Meghan Droste 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.

Thursday, March 4, 2021

Session 3: Conducting the Investigation and Writing the Report

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: Attorney Katherine Atkinson 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. Atkinson 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 February 19): One Session = $340  |  Two Sessions = $650  |  Full Event = $900
• Standard Tuition (register February 20 – March 4: One Session = $390  |  Two Sessions = $695  |  Full Event = $950
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through February 19. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast 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 attendees for the full event. Group discounts are only available through February 19.

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

More Americans are receiving COVID-19 vaccinations each day. But while the vaccine is helping eradicate the virus, it hasn’t put an end to pandemic-related EEO challenges. If anything, the increased availability of the COVID vaccines has created some new and even more difficult EEO quandaries.

Attorney Katherine Atkinson helped FELTG customers navigate these uncharted waters in 2020, and now she returns with more answers and the latest available guidance, including how to respond to employees who won’t take the vaccine due to disability, or religious reasons.

No doubt about it. The federal workplace was turned upside down in 2020 as more than a million employees suddenly became full-time teleworkers. While employees vanished from the physical workplace, EEO problems did not.  Meanwhile, EEO issues rose for health care providers, security officers, law enforcement officials, and other essential workers. These EEO problems have gotten more challenging — and many of the situations arising have no legal precedent.

Ms. Atkinson will explain how applying the basic EEO framework can answer the aforementioned and other puzzling EEO questions you may suddenly face. Because Ms. Atkinson will use a legal analysis to address these challenges, the answers and guidance you receive during this virtual training will be useful long after the coronavirus is gone.

Topics covered will include answers to these questions:

• Can you require that an employee take the vaccine before returning to the workplace?
• What if an employee refuses to take the vaccine, but is also not in a position that can be done remotely?
• If a supervisor treats an employee like she has COVID-19, could that employee have a “regarded as” claim under the ADA/Rehabilitation Act?
• How would you handle an employee’s claim that he’s being harassed because he is at high risk for COVID-19, or has recovered from the virus?
• Can you direct someone with asthma to telework when she prefers to work in the office?
• Does asking the pre-vaccination screening questions create a violation of Title II of the Genetic Information and Nondiscrimination Act?

Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.

Learning Objectives

Attendees will learn how to determine:

• Whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation.
• How OPM’s telework flexibilities impact the federal workplace.
• When and how to take action against pandemic-related harassment and discrimination.

This program runs from 1:00 – 4:30 eastern, with a 30-minute break from 2:30 – 3:00 eastern.

3

Download Individual Registration Form

Price

• Early Bird Tuition (register by February 24): $340
• Standard Tuition (register February 25 or later): $380
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through February 24. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG plans to record this session, and will make the recording available for purchase after the conclusion of the event.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available through February 24.

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

Course Description

For more than 20 years, FELTG’s flagship course UnCivil Servant: Holding Employees Accountable for Performance and Conduct has empowered thousands of federal supervisors to confidently and effectively address poor performance and misconduct. Now it’s time to take those learned skills to a new level. UnCivil Servant: Next Level provides the opportunity for you to test your knowledge and apply it to several challenging scenarios, based on real-life events federal supervisors are likely to encounter.

Poor performance and misconduct lowers morale and holds your agency back from meeting its mission, so you should never fail to hold an employee accountable. Fail to handle it correctly, and you’ll end up in legal hot water. But if you choose to ignore it, your current situation is going to get worse. A lot worse.

This interactive, workshop-based training tackles the intersection of performance and conduct issues with other areas of the law including pending discrimination complaints, allegations of reprisal or hostile work environment, and disability accommodation requests. Plus, it addresses what to do if you’re a supervisor with new or different expectations than your predecessor.

Attendees will leave this training with step-by-step guidance for taking swift, appropriate, and legally defensible actions in even the most challenging of circumstances.

Course Topics: Supervisory authority; employee rights; understanding when a performance or conduct action is appropriate; holding whistleblowers accountable; properly handling reasonable accommodation claims; effectively dealing with probationer issues; a supervisor’s responsibility in hostile work environment claims.

Requirements:

Prerequisite: It is strongly recommended participants have attended either UnCivil Servant, Developing & Defending Discipline, or MSPB Law Week in advance of this class.

Technology: This class will be held in Zoom and is group-workshop focused, so participation is a must. Participants must have access to internet or telephone audio, to participate in breakout group discussions. Webcams use is welcome but not required.

Time: Class will be held from 9:30 AM to 4:00 PM eastern, with a break from 12:30-1:30.

Class size: This class size is strictly limited to 18 participants, so register early to guarantee your spot.

Instructor

Deborah Hopkins

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Price

• Early Bird Tuition: $625 per attendee (register by February 24).
• Standard Tuition: $675 per attendee (February 25-March 11).
• 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 uses Zoom for this Virtual Training Institute event. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also 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 February 25.
• 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.

Seminar registration includes a PDF copy of the program materials, plus a hard copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive the textbook by the training date, please register by February 25 and provide a shipping address. Registrations received after April 19 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

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 you’re looking for training that covers the gamut of EEO issues, and provides usable guidance for all practitioners, regardless of experience level, this is it: FELTG’s EEOC Law Week. FELTG’s expert speakers, drawing on years of experience from all sides of the litigation table, deliver a fast-paced week of strategies, principles, and authorities relative to the major aspects of the field of discrimination law in the federal government. This course is updated for 2021, including the latest on EEOC’s COVID-19 guidance and workplace harassment. In addition, this in-depth training provides the required material for EEO counselors and investigators to receive certification hours.

The program runs 9:30 am – 4:00 pm eastern each day, with a break from 12:00 – 1:00, and is pre-approved for 29 CLE credits in Virginia. It is also approved for 28 HRCI general recertification credits.

5.5 per day.

Who Should Attend

Attorneys; EEO managers and directors; EEO specialists; EEO counselors and investigators; Reasonable Accommodation Coordinators; federal supervisors and managers who have complicated EEO issues in the workplace; Labor and Employee Relations Specialists; union representatives.

Instructors

Katherine Atkinson, Meghan Droste, Bob Woods, Don Names

Daily Agenda

Monday, March 15

Basic EEOC: Nuts & Bolts: Course topics: Statutory authority and jurisdiction of EEOC; an overview of the theories of discrimination; overview of the EEO process; amended and consolidated complaints; timeliness issues in the wake of the Supreme Court decisions in Morgan and Ledbetter.

Tuesday, March 16

Contractor Complaints; Intentional Discrimination and Reprisal Cases: Course topics: The agency’s role and obligations when a contractor files an EEO complaint; intentional discrimination analysis and cases; selection and promotion cases; a focus on national origin and religious discrimination cases; reprisal analysis and case updates.

Wednesday, March 17 

Current Trends in EEO Law: A Focus on Harassment: Course topics: The very latest on what’s happening in EEO; hostile environment harassment; gender stereotyping; same-sex harassment; recent court decisions on sexual orientation and transgender discrimination; non-EEO harassment; settling EEO cases.

Thursday, March 18

Accommodating Individuals with Disabilities: Course topics: The Rehabilitation Act, the Americans with Disabilities Act Amendments Act, defining individual with a disability, understanding major life activities and substantial limitations; identifying essential job functions; the legal requirements for the interactive process; types of reasonable accommodation; the latest on the Genetic Information Nondiscrimination Act (GINA) and relevant regulations.

Friday, March 19

Mixed Cases; Damages & Remedies: Course topics: Understanding the world of mixed cases with special presenter Don Names; overview of equitable remedies: back pay, front pay, reinstatement; non-pecuniary and pecuniary damages; past and future damages; damages offsets; the duty to mitigate damages; collateral sources and pre-existing conditions; multiple causations of harm; the eggshell complainant; plus a bonus segment on age discrimination claims in the wake of Babb v. Wilkie.

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 March 1):

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

Standard Tuition (register March 2-19):

• 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 March 1 and provide a shipping address. Registrations received after July 27 will also receive printed materials, but materials are not guaranteed to arrive by the training date. No split registrations.

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 March 1.

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

With one stroke of the pen, President Biden’s Executive Order on Protecting the Federal Workforce revoked President Trump’s Executive Orders 13836, 13837, and 13839 and eradicated the Schedule F classification mandated by Executive Order 13957. This means changes to performance and disciplinary actions, clean record settlements, and more.

Meanwhile, the Federal Circuit, in the precedent-breaking Santos v. NASA, ruled that agencies must have substantial evidence that the employee was performing poorly BEFORE an agency is allowed to put an employee on a performance improvement plan.

As we wait for nominees for the Merit System Protection Board, the civil service world, particularly as it applies to employee relations, continues to change quickly. It’s important to be aware of the laws, regulations, and executive orders that apply to you.

There is one place you can consistently get the best guidance and most up-to-date information you need. 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 12:00 – 4:00 pm eastern each day, with a break from 1:45 – 2:15.

Instructors

Deborah Hopkins, Ann Boehm, Bob Woods

Daily Agenda

Monday

The Foundations of Accountability; 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, discipline procedures and appeals.

Tuesday

Disciplinary 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, penalty mitigation; law enforcement officer discipline.

Thursday

Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, documenting and justifying your decision to put an employee on a Performance Demonstrating Period (DPs, formerly known as PIPs), implementing DPs, defeating the DP rollercoaster; the proof needed to take a performance-based action; removing a poor performer in 31 days.

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

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 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 12:00 – 4:00 each day, with a break from 1:45-2:15 (all times eastern). Participants will receive program materials via email the week before the training.

Download Registration Form

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, April 12

Leave Use Overview: Course topics: Emergency Paid Sick Leave, Sick Leave: eligibility, notification requirements, medical certification, dealing with abuse, Additional Leave Entitlements, Administrative Leave.

Tuesday, April 13

FMLA Law and Policy: Course topics: FMLA:  eligibility, notification requirements, definition of serious health condition, medical certification, intermittent use, and Paid Family Leave.

Wednesday, April 14

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, April 15 

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, April 16

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 March 29):

• 5 days = $1475
• 4 days = $1195
• 3 days = $910
• 2 days = $630
• 1 day = $345

Standard Tuition (register March 30 – April 16):

• 5 days = $1550
• 4 days = $1285
• 3 days = $975
• 2 days = $685
• 1 day = $395

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 March 29.

Download Registration Form

Event Description

A brand-new administration with starkly different priorities than the previous White House occupants. A massive effort to return to pre-pandemic normalcy in the workplace. New case law eventually emerging from EEOC, FLRA, and, possibly, MSPB. This year in the federal employment law world is bound to be one of change and challenge. Over four days, the FELTG Virtual Training Institute’s second annual Emerging Issues in Federal Employment Law event will focus on complying with laws, regulations, and Executive Orders under a new administration.

This event offers 15 live instructor-led sessions, aimed at providing you with the latest legal and practical guidance to meet the current situation. Renew your efforts to hold employees accountable for roller-coaster performance. Identify the mistakes holding you back from taking misconduct actions that withstand third-party scrutiny. Take steps to prevent and correct harassment. Find out how to address contractors’ EEO complaints. Review your responsibilities for handling the new complexities of leave, reasonable accommodation requests involving animals, and preventing and correcting workplace harassment. Learn strategies for managing teleworkers. Get the latest on case law and all other developments at the EEOC, FLRA, and MSPB. Review the EEO lessons learned – and still being learned – from COVID-19.  And much much more. Don’t put off getting the important training you need. The open enrollment FELTG Virtual Training Institute’s Emerging Issues in Federal Employment Law program provides benefits you won’t get from other online conference providers. You can register for any of the sessions individually, or you can register for the whole program. You receive opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Earn CLE credits and EEO refresher training credits. Four days. Fifteen sessions. Ten instructors. We’d love to have you join us.

Download Registration Form

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

Tuesday, April 27, 2021

MSPB Day

Session 1

9:30 – 10:45 am EDT

What to Expect When You’re Expecting a New Board

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

Course Description: Once again, we have a glimmer of hope that a new Board will be nominated and voted into place at the MSPB. What does this mean for federal HR professionals? What does this mean for all those agencies and employees whose cases have been piling up unread at the Board? How will Executive Order 14003 and OPM regulations fit into the picture? How is the Board impacted by the decisions the Federal Circuit has been making in its absence of a quorum? FELTG President Deborah Hopkins will give an overview of what we can expect in the upcoming months from a new MSPB, the challenges awaiting the incoming members, and where the Board might stand on critical issues like performance and conduct accountability under the Biden Administration. Earn 1.25 CLE credits.

Session 2

11:15 am  – 12:30 pm EDT

What Do You Do With the Douglas Factors?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course Description: You likely know those 12 factors identified in the landmark 1981 MSPB decision that birthed their name. But do you know how to use them to determine the appropriate penalty? Attorney Ann Boehm will share case law highlighting how agencies correctly use the Douglas factors and, more importantly, how they were misapplied. She will answer all your Douglas questions, such as: Do the factors go in the proposal or the decision? What do OPM’s new regs say about the Douglas factors? In light of the Accountability Act, does the VA still have to do Douglas factors? Attendees will leave this session with the knowledge to avoid the too-common Douglas mistakes. Earn 1.25 CLE credits.

Session 3

1:30 – 2:45 pm EDT 

The Roller Coaster Employee: Managing Up-and-Down Performance

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course Description: You’ve undoubtedly seen it several times, and it’s always frustrating. An employee is put on a performance demonstration period (DP, PIP, ODAP – or whatever your agency calls it) and does well enough to stay in his position. But when the DP ends, his performance dips again. As employees return en masse and attempt to re-adjust to the physical workplace, it’s highly likely that you’ll see some drops in performance  – whether they employees are on a DP or not. Attorney Bob Woods will explain how to effectively and efficiently handle wide swings in performance. Earn 1.25 CLE credits.

Session 4

3:15 pm – 4:30 pm EDT

When Employees Go Insubordinate: Don’t Mess With the Wrong Elements

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President; and Marcus Hill, former Senior Executive Advisor/Federal Law Enforcement Training Center, FELTG Instructor

Course Description: If you’ve ever been a supervisor or advised one, then you’ve most likely dealt with an employee who did not do what he was asked, or, possibly, did the exact opposite. That may sound like a good definition of insubordination for Webster’s Dictionary, but it’s not going to work for the MSPB.  Charges of workplace misconduct have specific legal definitions, which include elements. And to prove a charge, you need to prove all of its elements. FELTG President Deborah Hopkins will walk you through the elements of insubordination and the factors that determine how to best deal with employees who disobey, or refuse to follow, management orders. Earn 1.25 CLE credits.

Wednesday, April 28, 2021

EEOC Day

Session 5

9:30 am – 10:45 am EDT

Preventing and Correcting Hostile Work Environment Harassment

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Not all hostile work environment cases involve sexual harassment. However, as attorney Meghan Droste will show you, a large majority do. And yet, hostile environment harassment is often alleged based on all of the protected categories –  sex, race, color, national origin, religion, age, disability, genetic information, or reprisal. Ms. Droste will define the “nature of the conduct,” as well as the “unwelcome” and the “sufficiently severe or pervasive” requirements. She’ll also discuss agency and supervisor liability, share successful prevention techniques, and the provisions of Executive Order 13985 and 13988 that apply to Federal agencies. Earn 1.25 CLE credits. 1.25

Session 6

11:15 am – 12:30 pm EDT

Barking Up the Wrong Tree? Service and Therapy Animals in the Workspace

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President; and Ricky Rowe, Former National EEO Manager/Veterans Affairs, FELTG Instructor

Course description: Pet ownership increased and animal shelters emptied during COVID-enforced lockdowns in 2020. Undoubtedly, remote workers have enjoyed the therapeutic benefits that come with owning a pet. But does that make their new furry friends therapy or emotional support animals? And can no-longer-remote employees bring their new four-legged friends to the workplace? In most cases, the answer is an easy no. But if it’s a reasonable accommodation request, the answer isn’t quite as definitive. The EEOC’s stance that an emotional support animal may be a required reasonable accommodation for a qualified individual with a disability, even if it is not a trained service dog, fails to provide an easy answer. FELTG President Deborah Hopkins will explain the difference between a service animal and a therapy animal, and provide guidance on how to determine if an emotional support animal would be a reasonable accommodation for an individual with a disability. Earn 1.25 CLE credits. 1.25

Session 7

1:30 – 2:45 pm EDT

What to Do When Contractors File EEO Complaints

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course description: A federal contractor may file a formal EEO complaint if the agency is determined to be a “joint employer.” How do you determine if you are a joint employer? That determination begins with the case Ma v. HHS. Attorney Bob Woods will walk you through how to apply the Ma factors to your situation. He’ll also explain the roles and responsibilities of agency personnel when contractors start the EEO process, as well as defenses to the “joint employer” allegation. Earn 1.25 CLE credits. 1.25

Session 8

3:15 – 4:30 pm EDT

COVID-19 and EEO: What We’ve Learned and What We Still Need to Know

Presented by Katherine Atkinson, Attorney at Law FELTG Instructor

Course description: The pandemic turned the federal workplace upside down, creating numerous unique situations for supervisors and EEO professionals. Increased vaccinations have eased the burden somewhat, but many EEO challenges remain. Attorney Katherine Atkinson will walk you through some of these remaining challenges, and share the EEO lessons learned from  that past year. Attendees will leave with a basic EEO framework that can be used to address COVID-related issues as well as other challenges long after the virus is eradicated. Earn 1.25 CLE credits. 1.25

Thursday, April 29, 2021

Emerging Trends Day

Session 9

9:30 – 10:45 am EDT

Leave for the Federal Employee in 2021

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

Course description: Rules about leave and attendance have always been complicated. During the COVID-19 pandemic, the complexities grew. FELTG Senior Instructor Barbara Haga will give an overview of leave entitlements with a focus on new Paid Parental Leave (PPL), and recent modifications to FMLA, use of COVID-related weather and safety leave and sick leave. Earn 1.25 CLE credits.

Session 10

11:15 am – 12:30 pm EDT

The Telework Tango: Communication and Feedback for a Remote Workplace

Presented by Anthony Marchese, PhD., Consultant/Author/Trainer, FELTG Instructor

Course description: One of the biggest surprises of the pandemic was how well many Federal employees transitioned to 100% telework. It was so successful that many employees and agencies expect telework opportunities to expand in a post-pandemic world. Anthony Marchese will explain how to tweak and improve your management and communication skills for a remote staff, with specific guidance on providing employee feedback and setting expectations in a virtual world.

Session 11

1:30 – 2:30 pm EDT

Addressing Microaggressions and Bias in the Federal Workplace

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Microaggressions, whether intentional or not, can be very hurtful to the employees who experience them. Microaggressions and implicit bias can lead to discrimination. FELTG Instructor Meghan Droste, attorney at law, will explain what microaggressions look like it in their various forms, and provide a quick review of EEO law, so you can determine when bias or microaggression might rise to the level of discrimination. Attend the session, learn how to comply with Executive Orders 13985 and 13988, and you’ll be well on your way to providing a safe and inclusive work environment for all employees. Earn 1.25 CLE credits. 1.25

Session 12

3:15 – 4:30 pm EDT

Legal Update: Recent Developments in Federal Employment Law, Part I (MSPB, EEOC, Federal Circuit)

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: In federal employment law, things can change quickly. FELTG Instructor Ann Boehm will review the most recent and relevant cases, regulations, studies and reports from OPM, the EEOC, the courts, OSC, and (hopefully) the MSPB. 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 1.25 CLE credits.

Friday, April 30, 2021

FLRA Day

Session 13

9:30 am – 10:45 pm EDT

Legal Update: Recent Developments in Federal Employment Law, Part II (FLRA, FSIP)

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: Over the past year, the Federal Labor Relations Authority has released several precedent-altering decisions. The Federal Service Impasses Panel has issued several noteworthy decisions, but a new panel is on its way. Join FELTG Instructor Joseph Schimansky, the former Executive Director of the Federal Service Impasses Panel, as he reviews the cases and explains what it all means for federal counsel, HR professionals, and labor relations practitioners. Earn 1.25 CLE credits.

Session 14

11:15 am – 12:30 pm EDT

Labor-Management Partnerships: What if They Are Back in Vogue?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: With a change in Administration often comes a new approach to labor management relations. And with a Democrat in the White House, we’re likely to soon see a push for a more collaborative method. Will it be like the Clinton-era partnerships? Or more like a Obama-era forums? FELTG Instructor Ann Boehm will explain what the new approach will likely look like, and how you and your agency can best prepare. Earn 1.25 CLE credits.

Session 15

1:30 – 2:45 pm EDT

Impact and Implementation Bargaining in the Federal Workplace

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: When an agency makes a change, it may trigger an obligation to negotiate. In late 2020, however, the Federal Labor Relations Authority released three precedent-breaking decisions that pushed the reset button on bargaining with unions. The Authority’s decision in U.S. Department of Education, in particular, seriously diluted that management obligation to negotiate. FELTG Instructor Joe Schimansky will explain the standard for triggering a duty to bargain over impact and implementation. Earn 1.25 CLE credits.

Price

• Early Bird Tuition (register by April 13): One Session = $130 (April 27-29) | One SessIon = $135 (April 30)  |                                      April 27-29 All Access = $1400 |  April 27-30 All Access with Labor Relations = $1725
• Standard Tuition (register April 14-30): One Session = $160 | One SessIon = $165 (April 30)  |                                                            April 27-29 All Access = $1500 |  April 27-30 All Access with Labor Relations = $1825
• Rates per registrant.

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.
• 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 1.25 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
• 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 April 13.

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

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.

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

Instructor

Barbara Haga

Daily Agenda:

Tuesday, May 4

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 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, May 5

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. 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, May 6

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 April 19):
    • 3 days = $1370
    • 2 days = $970
    • 1 day = $530

    Standard Tuition (register April 20 – May 6):

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

     

Seminar registration includes a printed copy of the materials. In order to have the best chance to receive materials by the training date, please register by April 19 and provide a shipping address, and your materials will be sent via USPS Priority Mail. Registrations received after April 19 will also receive printed materials, which will be shipped Priority Mail when registration is received; they may not arrive in time for the training.

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 April 19.

Download 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 on President Biden’s federal workplace executive orders, OPM regulations on performance and conduct, and the Federal Circuit’s recent ruling that agencies must have substantial evidence that the employee was performing poorly BEFORE the agency is allowed to put the employee on a PIP.

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).

Registrants for both days will also receive a copy of the textbook UnCivil Servant: Holding Federal Employees Accountable for Performance and Conduct, 5th Ed., by William Wiley and Deborah Hopkins.

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

Download Registration Form

Instructor

Deborah Hopkins

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Agenda

Wednesday, May 19

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, May 20

Accountability for Conduct and Performance, Part II: Discipline procedures and appeals; disciplinary documents; defining unacceptable performance; dealing with poor performers; documenting and justifying your decision to put an employee on a Performance Demonstrating Period (DPs, formerly known as PIPs), and performance-based removal procedures.

Price

• Early Bird Tuition: $370 per session, $700 for both sessions (register by May 7).
• Standard Tuition: $400 per session, $730 for both sessions (register May 8 – May 20).
• 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 uses Webex for 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also 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 May 7.
• 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.

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

Download Individual Registration Form

There is one action you can take that, when done effectively, could have a major impact on your team’s morale and productivity. This action is something that you should be doing on a regular basis, yet it’s often overlooked amid your busy schedule. What’s this transformative action? It’s giving your employees honest, and ongoing, feedback.

During this half-day interactive virtual training experience, FELTG Instructor Anthony Marchese, Ph.D., will equip participants with the necessary tools to nurture a culture of candor that will lead to healthy and actionable feedback. You’ll learn best practices for motivating and recognizing employees, and neuroscience-based strategies for maximizing performance even when leading employees in a virtual environment. Dr. Marchese will also expose feedback myths and share the ineffective practices that you need to avoid.

Don’t let anxiety, frustration, or confusion prevent you from having honest performance-related discussions with your employees. Providing feedback effectively is a skill that can — and should — be developed. Fix performance problems before they begin. Make your agency a more efficient place to work.

This interactive session will include breakout groups, giving participants a chance to interact with each other.

Learning Objectives

Attendees will learn how to:

• Communicate performance expectations.
• Supervise effectively in a virtual environment.
• Differentiate between positive and negative framing.
• Identify behavioral styles, including your own, to provide feedback that is better understood and more useful.

Also, you will have numerous  opportunities to ask questions about the unique problems you’re facing during these unprecedented times. This program runs from 12:30 – 4:00 eastern, with a 30-minute break from 2:00 – 2:30 eastern.

Download Individual Registration Form

Instructor

Anthony Marchese

Price

• Early Bird Tuition (register by May 13): $340
• Standard Tuition (register May 14-27): $380
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through May 13. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom for this 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. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also 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?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available through May 13.

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.

Course Description

For many federal supervisors, the EEO process is mysterious and foreboding. The only thing more mystifying for supervisors is their role in diversity and inclusion efforts. With this course, FELTG aims to make it less so.

Federal supervisors play a critical role in diversity and inclusion and the EEO process. FELTG’s experienced instructors describe that role in detail and provide specific guidance of how to handle each step along the way. Plus, we provide details for advisors on how to best work with supervisors throughout the process, to help your agency avoid costly mistakes.

Learning objectives:

• Promote Diversity and Inclusion in your unit.
• Understand the Federal EEO complaint process and how the supervisor may be involved during each step
• Identify the protected categories upon which a discrimination claim may be made
• Document your workplace actions so they can withstand frivolous or non-meritorious allegations of discrimination and harassment

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

6

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

Download Individual Registration Form

Instructors

Deborah Hopkins

Marcus Hill

Robert Woods

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Agenda

Wednesday, June 16

Diversity, Inclusion and the EEO Process: The role of EEO in the Federal government; defining protected categories: race, color, national origin, religion, sex, age, disability, genetic information and reprisal; promoting diversity and inclusion; handling conflict before it turns into an EEO complaint; what to do if you’re a Responding Management Official in a complaint; what happens if you’re called as an EEO witness.

Thursday, June 17

Understanding Theories of Discrimination: Understanding the theories of discrimination and how supervisors can best defend against allegations; intentional discrimination; hostile work environment harassment; EEO reprisal; reasonable accommodation for disabilities.

Price

• Early Bird Tuition: $350 per session, $650 for both sessions (register by June 1).
• Standard Tuition: $390 per session, $690 for both sessions (register June 2-17).
• Rates per registrant.
• Want to register a group? Contact FELTG. Group discounts end June 1.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also 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 June 1.
• Can I earn CLE credits or EEO refresher training 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. Attendees may also request a certificate for EEO refresher hours upon completion of this program.

Download Individual Registration Form

Course Description

Welcome to the post-pandemic workplace. We’ve focused our weeklong Managing Federal Employee Accountability program and made it even more timely and useful, specific to challenges your agencies are facing in 2021. If you’re a federal supervisor, an adviser in L/ER or legal, or a union representative, you can’t afford to miss this program.

This week of half-day programs covers a range of topics including:

• Employee accountability for conduct and performance
• Managing leave abuse
• Handling EEO challenges related to COVID-19
• Complaints of discrimination based on race, color, or national origin
• Handling Telework requests as employees return to the office

On the fifth and final day of training, attendees will apply all they’ve learned from the previous four days to handle these challenges in remote work environments.

This open enrollment FELTG Virtual Training Institute program offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Registrants can attend the full week, or select which days they’d like to attend.

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

Download Individual Registration Form

Instructors

Deborah Hopkins, Barbara Haga, Katherine Atkinson, Ann Boehm

Daily Agenda:

Monday, July 26

Understanding Misconduct: Disciplinary Charges and Penalties:

• Legal foundations of disciplinary actions
• The five elements of discipline
• Drafting defensible charges and penalties under a new MSPB

Tuesday, July 27

Maximizing Accountability in Performance:

• The legislative and regulatory background
• Environment, system requirements, elements and standards
• Understanding the difference between conduct and performance feedback
• Writing effective performance plans, MSPB case law on performance plans
• Within-grade increases
• Performance demonstration periods, taking action on unacceptable performance

Wednesday, July 28

Handling Employee Leave Issues:

• General principles regarding leave
• Approval/disapproval of annual leave
• New provisions for Emergency Paid Sick Leave for COVID-19 in 2021
• Accrual of sick leave, eligibility to use sick leave, uses of leave for family care, notification requirements
• Sick leave documentation requirements, discretion in approving sick leave and sick leave abuse, employee eligibility to use FMLA
• Requesting FMLA leave, medical certification requirements, substitution of paid leave, Paid Parental Leave
• Other leave types – LWOP, Disabled Veteran Leave, Leave Transfer, and AWOL.

Thursday, July 29

EEO and COVID-19 in the Federal Workplace:

• Determining whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation
• Taking action against pandemic-related harassment and discrimination
• Discrimination based on race, color, or national origin

Friday, July 30

The 2021 Telework Challenge:

• Holding teleworkers and other remote workers accountable for performance and conduct
• Special telework performance and conduct challenges
• OPM’s telework flexibilities; telework as reasonable accommodation
• Agency options when employees refuse to report to the physical workplace

Price

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

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for 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.
• 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 July 9.
• Can I earn CLE credits or EEO refresher training 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. Attendees may also request a certificate for EEO refresher hours upon completion of this program.

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

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.

Instructors

Ann Boehm, Shana Palmieri

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; how to successfully interview witnesses with behavioral or mental health issues or violent tendencies; de-escalating an emotionally-charged interview; handling delicate interviews; interviewing witnesses who have experienced trauma.

Thursday

Conducting the Investigation, Part II: Conducting the interview: handling hostile 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.

Seminar registration includes a printed copy of the materials via USPS. In order to receive materials by the training date, please register by July 16 and provide a shipping address. Registrations received after July 16 will also receive printed materials, but materials are not guaranteed to arrive by the training date.

Download Individual 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 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 9:00 – 4:00 each day and is pre-approved for 29 CLE credits in Virginia. It is also approved for 29 HRCI general recertification credits.

Instructors

Barbara Haga, Deborah Hopkins, Meghan Droste, Bob Woods

Daily Agenda:

Monday – 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 – FMLA Law & 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 – 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 – Understanding Reasonable Accommodation: Entitlements and Processes

Course Topics: The ADA Amendments 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 – 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.

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

Download Individual Registration Form

Course Description

The one-size-fits-all approach to managing others is ineffective, and that becomes particularly apparent when the majority of your staff is teleworking.  Drawing upon the latest research and best practices in behavioral science, communication, team effectiveness, and generational studies, while making special consideration of the increased use of telework during the COVID-19 pandemic, FELTG Instructor Dr. Anthony Marchese will share his insight and practical strategies to ensure you are managing for success.

For many of you, employees are starting to return to the workplace, which will create some new management challenges. Rarely has the quality of your communication been more important.

Sessions will be held from 12:30 pm – 4:00 pm eastern, with a break from 2:00-2:30 pm.

Instructor

Anthony Marchese, PhD

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Agenda

Wednesday, August 18 – Managing Effectively

12:30-4:00 pm eastern (break from 2:00-2:30)

Course description: Dr. Marchese will explain the difference between managing and leading, and help you to identify your strength and hone your supervisory skills. Using realistic agency scenarios, participants will learn how to understand and leverage individual differences to develop a meaningful management methodology that is targeted to the needs of their employees and those of the agency.

Learning Objectives

Attendees will learn how to:

• Identify strategies for managing difficult employees.
• Successfully manage a mobile workforce.
• Employ a specific set of skills to resolve workplace conflicts – including virtual conflicts.

Thursday, August 19 – Communicating Effectively

12:30-4:00 pm eastern (break from 2:00-2:30)

Course description: What is stopping you and your team from developing innovative solutions to your most challenging problems? Oftentimes, the problem lies in a unit’s lack of communication. In Day 2 of this interactive virtual training, Dr. Marchese will share several strategies for improving communication with your staff – and it starts with you providing ongoing feedback on employee performance.

Learning Objectives

Attendees will learn how to:

• (And how often to) communicate performance expectations.
• Recognize the differences between positive and negative framing.
• Hold difficult conversations with employees.

Price

• Early Bird Tuition: $345 per session, $630 for both sessions (register by August 2).
• Standard Tuition: $395 per session, $685 for both sessions (register August 3-19).
• 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.

• 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 August 2.

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

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.

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

Instructor

Barbara Haga

Daily Agenda:

Tuesday, August 24

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 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, August 25

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. 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, August 26

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 August 9):
    • 3 days = $1370
    • 2 days = $970
    • 1 day = $530

    Standard Tuition (register August 10 or later):

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

     

Seminar registration includes a printed copy of the materials. In order to have the best chance to receive materials by the training date, please register by August 9 and provide a shipping address, and your materials will be sent via USPS Priority Mail. Registrations received after August 9 will also receive printed materials, which will be shipped Priority Mail when registration is received; they may not arrive in time for the training.

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 August 9, 2021.

Download Registration Form

There is one action you can take that, when done effectively, could have a major impact on your team’s morale and productivity. This action is something that you should be doing on a regular basis, yet it’s often overlooked amid your busy schedule. What’s this transformative action? It’s giving your employees honest, and ongoing, feedback.

During this half-day interactive virtual training experience, FELTG Instructor Anthony Marchese, Ph.D., will equip participants with the necessary tools to nurture a culture of candor that will lead to healthy and actionable feedback. You’ll learn best practices for motivating and recognizing employees, and neuroscience-based strategies for maximizing performance even when leading employees in a virtual environment. Dr. Marchese will also expose feedback myths and share the ineffective practices that you need to avoid.

Don’t let anxiety, frustration, or confusion prevent you from having honest performance-related discussions with your employees. Providing feedback effectively is a skill that can — and should — be developed. Fix performance problems before they begin. Make your agency a more efficient place to work.

This interactive session will include breakout groups, giving participants a chance to interact with each other.

Learning Objectives

Attendees will learn how to:

• Communicate performance expectations.
• Supervise effectively in a virtual environment.
• Differentiate between positive and negative framing.
• Identify behavioral styles, including your own, to provide feedback that is better understood and more useful.

Also, you will have numerous  opportunities to ask questions about the unique problems you’re facing during these unprecedented times. This program runs from 12:30 – 4:00 eastern, with a 30-minute break from 2:00 – 2:30 eastern.

Download Individual Registration Form

Instructor

Anthony Marchese

Price

• Early Bird Tuition (register by August 17): $340
• Standard Tuition (register August 18-31): $380
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through August 31. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom for this 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. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available through August 17.

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

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).

Registrants for both days will also receive a copy of the textbook UnCivil Servant: Holding Federal Employees Accountable for Performance and Conduct, 5th Ed., by William Wiley and Deborah Hopkins.

This program runs from 12:30 pm – 4:00 pm 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, September 8

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, September 9

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: $370 per session, $700 for both sessions (register by August 24).
• Standard Tuition: $400 per session, $730 for both sessions (register August 25-September 9).
• 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 uses Webex for 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also 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 24.
• 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.

Seminar registration includes a PDF copy of the program materials, plus a hard copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive the textbook by the training date, please register by August 24 and provide a shipping address. Registrations received after August 24 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

Download Individual 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 9:00 – 4:00 each day.

Instructors

Deborah Hopkins, Ann Boehm, Robert Woods

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

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 August 27 and provide a shipping address. Registrations received after August 27 will also receive printed materials, but materials are not guaranteed to arrive by the training date.

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

We’re back!  Once again, FELTG’s experienced and widely respected instructors come together for the Federal Workplace 2021: Accountability, Challenges, and Trends virtual training event. In this event we focus on making sure you’re prepared to effectively manage the Federal employment challenges that are new, complicated, and critical to your and your agency’s success. Let FELTG lead you into the new fiscal year the right way.

The last year was, to continue the overuse of the word, unprecedented. A pandemic. Remote work. Political chaos. Targeted harassment. A new administration. During the course of this weeklong training, FELTG instructors will share the best practices and lessons learned over the previous fiscal year, and provide the guidance and expertise you’ll need to thrive in the upcoming year.

We know you have plenty of training options – both onsite and virtual – to choose from this time of year. This program has several advantages. Although not a conference, it provides an opportunity for conference-like training for those who can’t get travel approval, or for those not quite ready to squish into packed rooms. And unlike other virtual events where you have to register for the full agenda, this training event allows attendees to register for only the sessions they prefer to attend. In addition, FELTG is an SBA-certified Woman Owned Small Business, allowing your agency to help achieve its small business set aside fiscal targets. And if all that wasn’t enough, Federal Workplace 2021: Accountability, Challenges, and Trends is completely live, and attendees have the opportunities to ask questions and engage in polls and other activities. Beware of “virtual” conferences that aren’t live.

No matter your job title, this event has something for you. Attendees will receive clear strategies and straight-forward guidance on holding employees accountable on emerging performance and conduct issues, deftly handling the most complex challenges, and identifying and handling those pesky issues that are new — or will be soon enough.

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; Federal supervisors and managers; emerging leaders; security officers; union representatives.

Download Individual Registration Form

Monday, September 27, 2021

Pre-session

1 – 4:30 pm EDT

EEO Challenges, COVID-19, and a Return to Workplace Normalcy

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 3 EEO counselor & investigator refresher hours and/or 3 CLE credits)

President Biden’s Executive Order requires all Federal employees to be vaccinated with no option for regular coronavirus testing to opt out of the mandate. What does this mean for employees who refuse to get vaccinated? Are there any religious exemptions that would allow employees to continue to work without vaccination? What about employees who cannot get vaccinated due to a disability – can agencies accommodate them?

• If a supervisor treats an employee like she has COVID-19, could that employee have a “regarded as” claim under the ADA/Rehabilitation Act?
• How would you handle an employee’s claim that he’s being harassed because he is at high risk for COVID-19, or has recovered from the virus?
• Does asking the pre-vaccination screening questions create a violation of Title II of the Genetic Information and Nondiscrimination Act?

Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.

Learning takeaways

Attendees will learn how to determine:

• Whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation.
• How pregnant women fit into the framework of EEO and COVID-19.

Tuesday, September 28, 2021

Spotlight on Accountability

Session 1

9:30 – 10:45 am EDT

You Want Accountability? Avoid These Too-Common Mistakes

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

(Earn 1.25 CLE credits)

Almost 60 percent of Federal employees think their supervisors do not do enough to hold unacceptable performers accountable. Meanwhile, myths about the inability to discipline employees for misconduct continue to fester. There is one action you can take to boost your agency’s FEVS scores, increase morale, and improve productivity, and it’s this: Do a better job holding employees accountable for performance and conduct. The best way to start is by eliminating the most common mistakes that derail your efforts. FELTG President Deborah Hopkins will identify these habitual errors, such as using too many suspensions, delaying discipline in favor of unhelpful  letters of caution, committing due process violations, and more.

Learning takeaways

Attendees will learn how to:

• Avoid due process mistakes in appealable actions.
• Properly document an employee’s poor performance before a PIP.
• Draft effective charges that hold up to third-party scrutiny.

Session 2

11:15 am – 12:30 pm EDT

Got Nexus? Accountability for Off-duty Conduct

Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

The borderline between on-duty and off-duty has become blurred as of late, with a majority of employees working from home and the omnipresence of social media. Yet, one thing has remained clear and constant: If you’re going to discipline someone for what they do on their own time, you need to show a nexus between the employee’s actions and their Federal job. FELTG Instructor Robert Woods will help you untangle your most challenging off-duty misconduct scenarios and illustrate the situations where the conduct is so egregious as to create a rebuttable presumption of nexus.

Learning takeaways

Attendees will learn how to:

• Demonstrate nexus between the off-duty conduct and the efficiency of the service.
• Understand how Douglas Factor Eight: Notoriety and Agency Reputation can create nexus.
• Select an effective and defensible penalty for off-duty conduct.

Session 3

1:30 – 2:45 pm EDT

Medical Certification Requirements for Sick Leave and FMLA

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

(Earn 1.25 CLE credits)

Challenging situations involving sick leave and FMLA are, unfortunately, neither rare nor easy to solve. For example: An employee brings in a medical statement in support of her FMLA request. The statement only says that the employee is “unable to work.” Here’s another one: An employee refuses to bring medical documentation to support three weeks of absence to care for a family member who has a serious health condition. Or what about the employee who claims, for the first time during an MSPB appeal, that she was not AWOL and should have been entitled to sick leave. FELTG Senior Instructor Barbara Haga will provide the solutions to these scenarios, explain how MSPB decisions inform discussions about requirements for medical certification, share OPM’s requirements for revoking retroactive FMLA, and more.

Learning takeaways

Attendees will learn how to:

• Recognize the different medical certification requirements for sick leave and for FMLA.
• Implement clear policies on deadlines for submitting medical certification.
• Explain the requirement for granting provisional leave under the FMLA.

Session 4

3:15 – 4:30 pm EDT

Tools for Accountability: Position Descriptions, Performance Standards, and Medical Requirements

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

(Earn 1.25 CLE credits)

There is a lot of confusion about where the authority comes from to hold employees accountable for many things related to their positions, whether it’s medical requirements to hold licenses and certifications, work rules for proper use of credit cards and completing mandatory training, or successful performance of the key functions of their jobs. FELTG Senior Instructor Barbara Haga will explain how to maximize the effectiveness of the various tools management can employ to establish requirements and then deal with situations when employees fail to meet those requirements.

Learning takeaways

Attendees will learn how to:

• Ensure effective use of well-crafted position descriptions.
• Implement conduct standards that cover the full gamut of expectations that employees must meet.
• Develop effective and workable performance plans to accurately capture how well employees perform.

Wednesday, September 29, 2021

Spotlight on Challenges

Session 5

9:30 – 10:45 am EDT

Re-boarding: Strategies to Support a Successful Return to the Office

Presented by Anthony Marchese, PhD, Author/Coach/Consultant, FELTG Instructor

Most Federal employees are still working remotely, though many of them may soon make a return to the physical workplace. The remote work experience of the last 18 months has provided us with many lessons learned, research findings, and best practices to help supervisors seize the opportunity to nurture a workforce that is stronger and more resilient than ever before. During this session, FELTG Instructor Anthony Marchese, PhD, will share practical strategies for supervisors and advisers to help your employees return to the office smarter, stronger, and more satisfied with work.

Learning takeaways

Attendees will learn how to:

• Reset expectations and accountability in the post-pandemic workplace.
• Improve communication and collaboration among hybrid teams.
• Create a culture of candor and connection.

Session 6

11:15 am – 12:30 pm EDT

Resolving Conflicts Before They Lead to Litigation

Presented by Marcus Hill, Principal/Hill Management Consultancy (HMC) LLC, FELTG Instructor

As a Federal supervisor, it’s not a matter of if you will ever experience conflict within the workplace, but when. While workforce diversity is without a doubt an organizational strength, it can also make resolving conflict more difficult due to varying perspectives, orientations, and backgrounds. Conflict that is properly managed can be very beneficial to organizational performance and mission effectiveness. Marcus L. Hill, a recently retired Federal senior executive, will discuss common causes that create workplace conflicts, as well as strategies and practices supervisors can employ to resolve conflict before it leads to workplace chaos, organizational ineffectiveness, and costly litigation.

Learning takeaways

Attendees will learn how to:

• Identify the common types of conflicts that exists within organizations.
• Identify conflict management styles, strategies and tools, and when to apply them.
• Create an organizational culture that builds staff trust through inclusivity, promotes workplace harmony, and inspires innovative problem-solving to resolve conflict.

Session 7

1:30 – 2:45 pm EDT

Identifying and Eliminating Microaggressions in the Workplace

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

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

FELTG Instructor Deborah J. Hopkins, attorney at law, will explain what microaggressions look like in their various forms — including microinsults, microassaults, and microinvalidations. If those words are all new to you, you’re not alone – but it’s time to get up to speed. Ms. Droste will share an implicit bias test, explain its impact, and provide examples where bias can lead to EEO and non-EEO discrimination and harassment.

Learning takeaways

Attendees will learn how to:

• Determine when bias or microaggression leads to the level of discrimination.
• Identify acts of microaggression and acts influenced by implicit bias.
• Respond appropriately and effectively when you see a microaggression in the workplace.

Session 8

3:15 – 4:30 pm EDT

The Reasonable Accommodation Mistakes Agencies Make

Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Oftentimes, the best way to learn is by making mistakes. But not when it comes to reasonable accommodation law. Instead, learn from the blunders that other agencies have already made to prepare your agency to do things the right way. Bob Woods will share those mistakes, covering everything from the interactive process to telework to undue hardship, to raise awareness of how to avoid them.

Learning takeaways

Attendees will learn how to:

• Determine when to offer an accommodation different from the one requested.
• Recognize when leave would be considered an appropriate accommodation.
• Identify the agency defenses that have been successful when denying a reasonable accommodation request.

Thursday, September 30, 2021

Spotlight on Trends

Session 9

9:30 – 10:45 am EDT

The Changing Nature of Hostile Work Environment Claims

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Unfortunately, the Federal workplace is not immune to reprehensible harassing behavior. As the pandemic raged and employees remained home, many thought that hostile work environment incidents would wane, yet the targets of hostile work environment merely expanded and changed. More harassment was aimed at Asian American and Pacific Islanders and LGBTQ employees, and harassment took more virtual forms including email and social media. Katherine Atkinson will discuss in clear terms the law on hostile work environment claims, amid the changing nature of the harassing behavior.

Learning takeaways

Attendees will learn how to:

• Determine when an agency could be held liable for hostile work environment.
• Raise awareness to prevent harassment from taking place.
• Take prompt and effective corrective action when harassment is alleged.

Session 10

11:15 am – 12:30 pm EDT

High Times and Misdemeanors: Weed and the Workplace

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

(Earn 1.25 CLE credits)

Recreational marijuana is legal in almost a dozen states and the District of Columbia, and its use for medical purposes is now legal in 30-plus states. What does that mean for Federal workers in those locations? Could their careers still go up in smoke for a “legal” activity? Are you required to accommodate an employee’s medically certified marijuana usage? What should you do if the Federal employee is married to someone who legally grows marijuana? Should you overlook an employee’s suspected marijuana usage because it makes him more pleasant to work with? FELTG President Deborah Hopkins will review the laws that apply to Federal employees and share the most effective approach to managing and/or disciplining employees when their drug usage seeps into the workplace.

Learning takeaways

Attendees will learn how to:

• Craft the right charge when disciplining an employee for marijuana usage.
• Determine when it’s appropriate to require an employee to take a drug test.
• Handle an employee who has lied about previous marijuana usage.

Session 11

1:30 – 2:45 pm EDT

Preparing for the Surge in Accommodation Requests for Telework

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

By most accounts, the great telework experiment worked. And as employees are directed to return to the physical workplace, it’s widely expected that requests for telework as a reasonable accommodation for disability (and, perhaps, for religious reasons) will increase significantly. Are you prepared for these requests? Do you have a proper procedure in place? What do you need to know about the interactive process? Ann Boehm discusses it all.

Learning takeaways

Attendees will learn:

• How to determine whether telework would be an effective accommodation.
• When an agency can legally deny telework as an accommodation.
• What the EEOC says about accommodating an employee’s commute.

Session 12

3:15 – 4:30 pm EDT

Case Law Update, Part I: MSPB, EEOC, and Fed Circuit

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

In Federal employment law, things can change quickly. FELTG Instructor Ann Boehm will review the most recent and relevant cases, regulations, studies and reports from OPM, the EEOC, the courts, OSC, and (hopefully) the MSPB. 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.

Learning takeaways

Attendees will learn:

• How a few recent Federal Circuit decisions have caused a major change at the MSPB in the absence of a quorum.
• The most updated guidance on Whistleblower protections.
• Recent trends in EEOC case law.

Friday, October 1, 2021

Spotlight on Labor Relations

Session 13

9:30 – 10:45 am EDT

Case Law Update, Part II: FLRA and FSIP

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

(Earn 1.25 CLE credits)

Over the past year-and-a-half, the Federal Labor Relations Authority has released several precedent-altering decisions. The Federal Service Impasses Panel has also issued several noteworthy decisions, but a new panel is on its way. Join FELTG Instructor Joseph Schimansky, the former Executive Director of the Federal Service Impasses Panel, as he reviews the cases and explains what it all means for Federal counsel, HR professionals, Labor Relations practitioners, and union representatives.

Learning takeaways

Attendees will learn:

• Which Trump FLRA decisions are most likely to be reversed by the Biden FLRA.
• How the Biden FSIP will operate differently from the practices adopted by the Trump FSIP.
• The latest updates on the appointment of new FLRA and FSIP Members by the Biden Administration.

Session 14

11:15 am – 12:30 pm EDT

Permissive Bargaining

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

Permissive bargaining isn’t really permissive now, thanks to Executive Order 14003.  Agencies must bargain over the 5 U.S.C. 7106(b)(1) topics.  But what are the topics that fall under 5 U.S.C. 7106(b)(1)? This course will help you understand the complicated world of negotiability, and it will also help agencies realize that bargaining over these topics isn’t the end of the world.

Learning takeaways

Attendees will learn:

• Determine best practices in dealing with negotiability determinations in light of EO 14003.
• Develop effective negotiation strategies.
• Implement communication strategies to ensure mission is not adversely impacted by labor negotiations.

Session 15

1:30 – 2:45 pm EDT

Requests for Information

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

Just about any federal labor relations professional has dealt with a union request for information, but they may not have handled it correctly.  This class will help anyone dealing with a union’s request for information ensure that the agency provides information that it owes the union, but also ensure that the unions are establishing a particularized need.  Engaging in the proper interactive process will help agencies avoid unfair labor practice complaints while providing only information that is legally required.

Learning takeaways

Attendees will learn how to:

• Identify the rights and obligations of both agencies and unions regarding information requests.
• Apply the “particularized need” standard.
• Reply when the union fails to meet the “particularized need” standard.

Pricing

• Early bird pricing for individual sessions start at $150. Daily and full event All Access discounts available.
• Early Bird discounts available until September 3.
• See registration form for full pricing details.

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?
  • This program is submitted for CLE credits to, and we anticipate approval by, the State Bar of Virginia. Individual 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 All Access registration options only. Group discounts are available through September 3.

Download Registration Form

Event Description

Investigating harassment in your Federal 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. Participants will receive program materials via email on Monday, October 5.

Download Registration Form

Tuesday, October 5, 2021

Session 1: Investigating Harassment: Misconduct Principles

12:30 pm – 4:00 pm eastern (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.

Wednesday, October 6, 2021

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm eastern (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.

Thursday, October 7, 2021

Session 3: Conducting the Investigation and Writing the Report

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: Attorney Katherine Atkinson 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. Atkinson 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 Sept 20): One Session = $340  |  Two Sessions = $650  |  Full Event = $900
• Standard Tuition (register Sept 21 – Oct 7): One Session = $390  |  Two Sessions = $695  |  Full Event = $950
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through Sept 20. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast 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 attendees for the full event. Group discounts are only available through September 20.

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

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 14003, plus updated OPM regulations on performance and conduct and the very latest on the vaccine mandates.

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).

Registrants for both days will also receive a copy of the textbook UnCivil Servant: Holding Federal Employees Accountable for Performance and Conduct, 5th Ed., by William Wiley and Deborah Hopkins.

This program runs from 12:30 pm – 4:00 pm 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, February 9

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, February 10

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: $390 per session, $720 for both sessions (register by January 25).
• Standard Tuition: $420 per session, $750 for both sessions (register January 26-February 10).
• 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 uses Zoom for 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 also 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 January 25.
• 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.

Seminar registration includes a PDF copy of the program materials, plus a hard copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive the textbook by the training date, please register by January 25 and provide a shipping address. Registrations received after January 25 will also receive a textbook, but materials are not guaranteed to arrive by the training date.