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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.

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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.

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

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 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.