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Handling employee complaints internally is a highly sensitive, multi-faceted process not just mandated by Federal law in most circumstances but significantly necessary to create a positive work environment that will be conducive to high levels of employee engagement. It requires a practice-based, step-by-step approach and an understanding of the internal complaint handling process, the legal requirements organizations must observe and the necessary technical and communication skills. In recent years, internal investigations notes, documentation, summaries and reports have come under heightened scrutiny by outside agencies, lawyers in discrimination cases and the courts. It is critical that all documentation is well written.

Learning Objectives
• Learning step-by-step guidelines for investigating any complaints
• Becoming a competent, effective, and confident investigator
• Understanding of best practices for preventing, identifying and managing employee-related issues that have potential legal concerns.
• Understanding different types of workplace investigation. e.g. Sexual harassment, violence, discrimination, accidents.
• Determining who is a credible witness.
• Learning how to handle “He said, she said” situation.
• Determining if a suspension is always appropriate with the alleged accused while the investigation is ongoing.
• Understanding what is considered a prompt and thorough investigation.
• Understanding where we file investigation records.
• Understanding confidentiality responsibilities during an investigation.
• Preventing retaliation during and after an investigation.
• Understanding the importance of training our first line of defense on how to respond to complaints.
• Determining how to select the appropriate investigator and investigation strategy.
• Reading/interpreting body language during investigatory meetings.
• Understanding how to manage difficult witnesses such as defensive or hostile witnesses.

Included in this program:
Employee Relations Internal Investigation certificate

Target Audience:
• HR Managers
• HR Directors
• HR Generalists
• Employee Relations
• Business Owners
• Risk Management Leaders
• Executives

This is a thorough Certificate Program Training that will provide you with the tools and resources you need to maintain compliance with these three important laws and regulations and to serve as your organization’s internal consultant to minimize organizational risk.

Continuing Education Credits
HRCI – 14 HR(General) Credits   •   SHRM – 14 PDC’s

Why You Should Take This Course
• Would you like to know the Americans with Disability Act and the Family Medical Leave Act?
• Do you feel you can master activities such as engaging in the Interactive Process, review, select and provide Reasonable Accommodations?
• Can you say that you are complying with all the Family Leave Act’s obligations and responsibilities, especially with constant and latest changes?
• Do you want to have the peace of mind that you are protecting not just your organization but also yourself?

Recent Equal Employment Opportunity Commission and Wage and Hour Division-U.S. Department of Labor’s lawsuits highlight the importance of adopting a comprehensive procedure for managing ADA and FMLA.

No, I am not saying that you need to go to Law School and get a Doctor of Juridical Science degree in Employment Law in order to survive the tsunami of litigations and astonishing well-publicized lawsuits and settlements we read about every week. All you need is to sharpen your skills and enrich your career by attending this 2 Day Certificate Program on FMLA & ADA. This is a thorough Certificate Program that will provide you with the tools and resources you need to maintain compliance with these two important laws and regulations and to serve as an internal consultant to minimize organizational risk. Always remember, it is better to deal with the issues “in-house”, rather than in the “Court-house”.

Learning Objectives:
• Review the History of the FMLA
• Understand who are “Covered Employers” under the FMLA
• Identify who are “Eligible Employee” under the FMLA
• Assess FMLA qualifying events
• Learn what is considered “Serious Health Conditions” under the FMLA
• Review who is a Family Member under the FMLA
• Define “Locus Parentis”
• Learn about the special case when using FMLA with Spouses employed by the same Employer
• Learn about the different types of FMLA Leave
• Review who is a “Health Care Provider” under the FMLA
• Evaluate the “Certification of Health Care Provider” for employee’s own serious health condition and for family member
• Learn how to handle Incomplete Certifications
• Clarify when a “Recertification” is needed
• Understand the different way to Determine the “12 month period” under the FMLA
• Discuss employee’s Intent to return to work or intent not to return to work
• Evaluate employer’s request for Fitness for Duty Certification/Return to Work Note
• Discuss how critical is a “Timely return to work” under the FMLA
• Gain a strong understanding that 12 weeks is not always equivalent to 480 hours
• Review the protection to “Maintain Group Health Benefits” under the FMLA
• Clarify who has Job Restoration and who does not
• Define the term “Key or Highly Compensated Employee”
• Determine what is an “Equivalent Position” under the FMLA
• Learn about the Military Caregiver Leave
• Learn about the Qualifying Exigency Leave
• Discuss Substitution of Paid Leave
• Review Recordkeeping requirements
• Gain a basic understanding of the importance on Investigating FMLA fraudulent cases
• Clarify FMLA Interference
• Review FMLA Discrimination and Retaliation
• Gain a strong understanding of the lesson we can learn from Maria Escriba’s case
• Review the History of ADA
• Learn what is ADA and what employment practices are unlawful under ADA
• Review a list of the most common disabilities under ADA
• Clarify protection difference under ADA between Alcoholism and drug addiction
• Identify “Major Life Activities”
• Understand compliance with the Voluntary Self Identification Form
• Learn the definition of disability under ADA
• Clarify the differences between ADA and ADAA
• Review the definition of “Impairment” under ADA
• Assess the term “Substantial Limitation”
• Review “Major Bodily Functions” under ADA
• Clarify the term “Mitigating Measures”
• Review exceptions to the term Disability
• Define who is a “Qualified Individual” under ADA
• Gain a strong understanding of the Interactive Process
• Review the tool provided to document the Interactive Process
• Discuss examples of Reasonable Accommodations
• Identify Essential Functions vs. Marginal function under ADA
• Clarify the term “Undue Hardship”
• Review the Recruitment Process involving applicants with Disabilities
• Review some Reasonable Accommodations provided to potential candidates with disabilities
• Review JAN – Job Accommodation Network
• Review important ADA cases

Topics covered include:
• ADA History
• 7% Utilization Rate and the Voluntary Self-Identification of Disability Form
• Americans with Disabilities Amendment Act (ADAAA)
• Definition of Disability under ADA
• “Being regarded” prong under ADA
• Major life activities
• Definition of “Substantial Limitation” under ADA
• Compliance obligations under ADA
• Protected Classes under ADA
• The Interactive Process
• Reasonable Accommodation Process
• Examples of Reasonable Accommodations
• Most common disabilities under ADA
• Protection for alcoholism vs. drug use under ADA
• The ADA and Persons with HIV/AIDS
• Definition of Mitigating Measures under ADA
• Direct Threat Defense
• Hardship Defense
• Definition of “Qualified Individual” under ADA
• Posting Notices
• Confidentiality and ADA
• FMLA History
• Covered Employers/Eligible Employees
• “Loco Parentis” under the FMLA
• Coverage of adult children under the FMLA
• FMLA Qualifying Events
• Notice Requirements
• Certification of Serious Health Condition under the FMLA
• Authentication and clarification of Certification
• Employee Protections under the FMLA
• Substitution of Paid Leave
• Limitations to FMLA Protections
• Employer Notification Requirements under the FMLA
• Methods to establish the 13-month period under the FMLA
• Calculation of Leave under the FMLA
• Leave under the FMLA for spouses working for the same employer
• Military Caregiver Leve
• Qualifying Exigency Leave
• Next of Kin
• Employers’ prohibited actions under the FMLA
• Exercises/Activities on ADA and FMLA

Who Will Benefit:
• HR Manager
• HR Generalist
• HR Specialist
• HR Assistants
• Managers
• Supervisors
• Executives
• Employee Relations Persons
• Consultants
• Small Business Owners