Download Individual Registration Form

Course Description

Federal employees have historically enjoyed a wide variety of leave-related benefits. Those benefits have only increased in recent years, most recently in the form of paid parental leave. It’s no wonder that leave, which is not always an entitlement, has become such a complex and seemingly burdensome issue, especially when they intersect with other laws. And then there are also the challenges related to the COVID-19 pandemic.

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.

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 Individual 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, Robert Woods 

Daily Agenda:

Monday, June 13

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, June 14

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

Wednesday, June 15

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

Thursday, June 16

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

Friday, June 17

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

Pricing

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

Early Bird Tuition (register by May 30):

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

Standard Tuition (register May 31-June 17):

• 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 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.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through May 30.

Download Individual Registration Form

Note: In the event COVID-19 makes it unsafe to hold this class in person, the program will be held virtually.

Event Description

The pandemic has become endemic, and many employees are returning physically to the office as a new form of hybrid workplace takes root in many agencies. It’s as imperative as ever that your employees are doing the work they are assigned to do and following all workplace rules, regardless of where they are physically located. Unfortunately, Federal supervisors continue to struggle when it comes to holding employees accountable for performance and conduct in the new hybrid environment.

It doesn’t have to be that way.

FELTG is here to make federal supervisors’ and advisers’ lives easier by clarifying common misconceptions. For example: Many supervisors believe that an employee’s protected activity (EEO complaints, whistleblower disclosures, or union activity) precludes the supervisor from initiating a suspension or removal. (Spoiler alert: This is not true).

More importantly, FELTG’s Developing & Defending Discipline: Holding Federal Employees Accountable teaches supervisors how to take defensible misconduct actions quickly and fairly – actions that withstand scrutiny on appeal by the MSPB, EEOC, or in grievance arbitration. Plus, if you have an under-performing employee working for you now, we will show you the steps to take to give the employee an opportunity to demonstrate acceptable performance, and how to determine whether the employee is successful or should be removed.

In addition, we’ll discuss how you can defend against allegations of discrimination and hostile work environment claims, and the role of the supervisor and adviser throughout the EEO process.

This training will include the most up-to-date guidance based on President Biden’s Federal workplace Executive Orders and OPM regulations, as well as all of the lessons learned over the pandemic, plus practical tips from new MSPB case law.

And … this training will mark the return of FELTG to in-person open enrollment training.

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

The program runs 8:30 – 4:00 each day and meets OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).  CDC and local COVID-19 safety protocols will be observed.

Enrollment is limited to ensure a little extra space per attendee, so register soon. 

Instructors

Deborah Hopkins, Katherine Atkinson

Download Individual Registration Form

Tuesday, July 12, 2022

Session 1: Accountability for Conduct and Performance, Part I
Presented by Deborah Hopkins, Attorney at Law, FELTG President

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

Learning Objectives

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

Wednesday, July 13, 2022

Session 2: Accountability for Conduct and Performance, Part II
Presented by Deborah Hopkins, Attorney at Law, FELTG President

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

Learning Objectives

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

Thursday, July 14, 2022

Session 3: Defending Against Discrimination Complaints: The Supervisor’s Role in EEO
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

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

Learning Objectives

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

Pricing

Early Bird Tuition (register by June 28):

• 3 days = $1495
• 2 days = $1020
• 1 day = $560

Standard Tuition (register June 29-July 14):

• 3 days = $1595
• 2 days = $1120
• 1 day = $660

Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins.

Metro, Parking, Directions

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

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

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

Download Individual Registration Form

Note: In the event COVID-19 makes it unsafe to hold this class in person, the program will be held virtually.

Employee relations professionals: There’s one place where you can get the kind of comprehensive, interactive, foundational-based training necessary to handle the most challenging and complicated situations.

And that is FELTG’s Advanced Employee Relations, and it returns once again this year to Norfolk, Va.

Taught by FELTG Senior Instructor Barbara Haga,  Advanced ER offers in-depth training on leave, performance,,and  misconduct with on-hands workshops that allow you to develop the tools you’ll need to succeed.

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

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

Instructor

Barbara Haga

Daily Agenda:

Tuesday, August 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, August 3

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 4

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 July 18):

• 3 days = $1450
• 2 days = $995
• 1 day = $530

Standard Tuition (register July 19 – August 4):

• 3 days = $1550
• 2 days = $1095
• 1 day = $630

Lodging

The hotel has a limited block of rooms reserved for the event at the federal per diem rate. Please use this link and reference FELTG when booking.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training 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 of FELTG training 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 administrative investigations, including understanding what constitutes misconduct, the differences between EEO and non-EEO harassment, 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.

Special content will also discuss conducting investigations post-pandemic, including tips for interviewing witnesses virtually, addressing safety concerns during in-person interviewing and evidence gathering, and more.

Note: this class includes breakout discussions and workshops, and attendees are encouraged to participate via audio. Because of the interactive nature of this program attendance is limited, so register early to guarantee your spot.

The program runs 12:30 – 4:30 eastern each day, with a 30-minute break midway.

This program meets the requirements for training under the Department of Interior’s Anti-Harassment Policy.

Instructors

Katherine Atkinson, Ann Boehm

Daily Agenda

Monday, August 15

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, August 16

Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the latest on LGBTQ+ discrimination; overlapping forms of discrimination.

Wednesday, August 17

Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.

Thursday, August 18

Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.

Friday, August 19

Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.

Pricing

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

Early Bird Tuition (register by August 1):

• 5 days = $1495
• 4 days = $1225
• 3 days = $935
• 2 days = $700
• 1 day = $370

Standard Tuition (register August 2-19):

• 5 days = $1575
• 4 days = $1305
• 3 days = $995
• 2 days = $730
• 1 day = $400

Download Individual Registration Form

The Board is back and now is the right time to sharpen your MSPB skills and refresh your knowledge.

And in the five years since MSPB last had a quorum, the civil service world, particularly as it applies to employee relations, has not stood still. Change happened, sometimes 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.

The program runs 12:30 – 4:30 pm eastern each day, with a 30-minute break midway.

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 Individual Registration Form

Course Description

An increase in reasonable accommodations requests based on religion and disability.  Pandemic-related civil rights crises. Increased discussion of diversity and inclusion. Way too many harassment complaints. Talk of changes to the EEO process. If you’ve thought about registering for FELTG’s EEOC Law Week in the past, now is the time to act on it. This weeklong virtual training is updated for 2022, including the latest on COVID-related challenges and workplace harassment.

This in-depth training overs the gamut of EEO issues, and provides usable guidance for all practitioners, regardless of experience level. 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.

And it provides the required material for EEO counselors and investigators to receive refresher training hours

The program runs 12:30 – 4:30 pm eastern each day, with a 30-minute break midway.

3.5 per day.

Download Individual Registration Form

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

TBD

Daily Agenda

Monday, September 19

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, September 20

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; reprisal analysis and case updates.

Wednesday, September 21

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.

Thursday, September 22

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 including the SCOTUS decision Bostock v. Clayton County; non-EEO harassment; settling EEO cases.

Friday, September 23

Mixed Cases; Damages & Remedies: Course topics: Understanding the world of mixed cases; 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.

Pricing

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

Early Bird Tuition (register by September 5):

• 5 days = $1495
• 4 days = $1225
• 3 days = $935
• 2 days = $700
• 1 day = $370

Standard Tuition (register September 6-23):

• 5 days = $1575
• 4 days = $1305
• 3 days = $995
• 2 days = $730
• 1 day = $400

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.
• 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 September 5.

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

Registration Coming Soon

Attention, all federal supervisors (and those who advise them): this is a program you can’t afford to miss. This week covers a range of topics including employee accountability for conduct and performance, managing leave abuse, handling EEO complaints, reasonable accommodation, workplace management and leadership skills, and managing difficult employees.

Supervisors who complete this training meet OPM’s mandatory training requirements for new supervisors found at 5 CFR 412.202(b).

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

Instructors

TBD

Daily Agenda:

Monday

Uncivil Servant: Holding Employees Accountable for Conduct: Fundamentals of disciplinary actions; establishing rules of conduct; proving misconduct; selecting a defensible penalty; providing due process via agency discipline procedures; drafting disciplinary documents; alternatives to discipline.

Tuesday

The Supervisor’s Role in EEO: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability, genetic information and reprisal; documentation to help you defend against frivolous complaints; what to do if you’re a Responding Management Official in a complaint.

Wednesday

Maximizing Accountability in Performance: Eliminating unnecessary barriers to addressing poor performance; analyzing your existing appraisal systems; writing clear, measurable, and enforceable performance standards; Within Grade Increases (WIGIs); eliminating unacceptable performance requirements that are not based on law/regulation; employee opportunity periods.

Thursday

Handling Employee Leave Issues: An overview of leave types and entitlements; annual leave; sick leave; AWOL and Leave Without Pay; FMLA crash course; medical certification requirements; substitution of paid leave; handling complicated leave issues; leave abuse.

Friday

Effectively Managing Today’s Federal Workforce: Communicating effectively with employees; managing teleworkers; managing a multigenerational workforce; handling difficult employees; mentorship.

Supervisors who attend the full week will receive a certificate verifying participation in OPM’s mandatory training requirements for new supervisors, found at 5 CFR 412.202(b).

Pricing

Coming soon.

Registered participants will receive a copy of the textbook UnCivil Servant, fifth edition, by Wiley and Hopkins.

Lodging: The host hotel, the Palmer House, has a limited number of rooms available at the federal per diem rate. Please contact the hotel directly at 312-726-7500 and mention this event to check rate availability.

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.