Comprehensive 2-Day Training on Defensible Leave and Accommodation Compliance
Conducting Defensible, Compliant Leave and Accommodation Management
Instructor: Elga Lejarza, aPHR, PHR, SHRM-CP, SPHR, GPHR, SHRM-SCP
Continuing Education Credits:
- HRCI – 14 HR(General) Credits
- SHRM – 14 PDC’s
Schedule: 10:00 AM – 6:00 PM Eastern Time on Both Days (Detailed Agenda Below)
FMLA, ADA, PDA, and PWFA Certificate Program Overview
The FMLA ADA PDA PWFA Certificate Program is a comprehensive two-day certificate program designed for HR professionals, managers, and consultants responsible for leave administration, disability accommodation, and pregnancy-related compliance.
This program provides practical, step-by-step guidance to help organizations meet their obligations under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Pregnancy Discrimination Act (PDA), and Pregnant Workers Fairness Act (PWFA).
Why Compliance Gaps Continue to Create Risk
Recent enforcement actions by the EEOC and the U.S. Department of Labor’s Wage and Hour Division show that many violations do not stem from bad intent. Instead, they are driven by:
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Process gaps
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Documentation errors
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Inconsistent application of policies
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Failure to engage properly in the interactive process
This two-day certificate program is specifically designed to close those gaps and give HR professionals the confidence to manage leave and accommodation issues defensibly.
Why This Training Is Different
This is not a legal theory course and it is not a lecture-only seminar. This FMLA and ADA Certificate Program provides a step-by-step, practice-based framework for administering leave, evaluating medical certifications, managing pregnancy-related accommodations, and engaging in the interactive process while minimizing legal exposure.
Participants leave with practical tools, real-world case examples, and documentation templates that can be used immediately in the workplace. The focus is always on in-house risk prevention, not courtroom reaction.
What’s Included With Your Registration
✔ Full digital seminar materials
✔ Printable course workbook
✔ Interactive Process documentation package
✔ Certificate of Completion
✔ Three months of post-program email support for FMLA and ADA questions related to the training (responses within 48 hours)
Learning Objectives:
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Participants will be able to:
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Administer FMLA leave accurately and defensibly
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Identify qualifying events, covered employers, and eligible employees
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Evaluate medical certifications and recertifications properly
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Manage intermittent leave and tracking methods correctly
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Apply ADA, ADAAA, PDA, and PWFA requirements in real situations
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Conduct and document the interactive process effectively
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Identify reasonable accommodations and undue hardship
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Reduce risk related to retaliation, interference, and discrimination claims
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Topics covered in this FMLA ADA PDA PWFA include:
ADA Foundations and Legal Framework
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ADA history
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Americans with Disabilities Amendment Act (ADAAA)
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Definition of disability under the ADA
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“Being regarded as” prong
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Major life activities
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Definition of substantial limitation
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Protected classes under the ADA
ADA Compliance and Employer Obligations
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Compliance obligations under the ADA
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Definition of a qualified individual
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Posting notice requirements
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Confidentiality requirements
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Direct threat defense
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Undue hardship defense
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Mitigating measures under the ADA
The Interactive Process and Reasonable Accommodation
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The interactive process explained
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Reasonable accommodation requirements
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Examples of reasonable accommodations
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Most common disabilities under the ADA
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Protection for alcoholism vs. illegal drug use
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ADA protections for individuals with HIV/AIDS
FMLA Foundations and Coverage Rules
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FMLA history
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Covered employers and eligible employees
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In loco parentis under the FMLA
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Coverage of adult children
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FMLA qualifying events
FMLA Notice, Certification, and Leave Administration
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Employer notice requirements
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Employee notice obligations
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Certification of serious health conditions
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Authentication and clarification of medical certifications
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Substitution of paid leave
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Limitations to FMLA protections
Calculating and Managing FMLA Leave
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Methods for establishing the 12-month period
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Calculation of leave entitlements
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Leave rules for spouses working for the same employer
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Employers’ prohibited actions under the FMLA
Military Family Leave Provisions
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Military caregiver leave
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Qualifying exigency leave
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Definition of next of kin
Interactive Exercises and Case Applications
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Hands-on ADA case studies
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FMLA scenario-based exercises
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Practical activities applying both laws
Thematic Content Breakdown
FMLA Mastery
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History and purpose of the FMLA
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Covered employers and eligible employees
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Qualifying events and family member definitions
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Serious health conditions
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Continuous, intermittent, and reduced schedule leave
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Military caregiver and qualifying exigency leave
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Certifications, recertifications, and fitness-for-duty
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Employer notice and recordkeeping obligations
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Job restoration, benefits continuation, and key employee exceptions
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FMLA interference, retaliation, and discrimination
ADA, ADAAA, PDA, and PWFA Compliance
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Definition of disability and major life activities
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ADA vs. ADAAA distinctions
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Pregnancy protections under PDA and PWFA
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Alcoholism vs. drug addiction protections
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Direct threat and undue hardship defenses
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Confidentiality and medical information handling
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Voluntary self-identification and utilization requirements
Interactive Process & Reasonable Accommodations
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Initiating and managing the interactive process
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Documenting discussions and decisions
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Identifying essential vs. marginal job functions
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Selecting effective accommodations
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JAN (Job Accommodation Network) resources
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Accommodation examples across industries
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Recruitment and applicant accommodations
High-Risk Scenarios & Case Law
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Maria Escriba FMLA case
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Fraud investigations
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Retaliation exposure
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Pregnancy-related leave conflicts
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ADA and FMLA overlap scenarios
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Military family leave complexities
FULL DETAILED AGENDA
Day One: FMLA Compliance & Risk Management (10:00 AM – 6:00 PM Eastern Time)
FMLA History and Legal Framework
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1984 first written draft
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1993 enactment and ongoing amendments
FMLA Basics
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Employer and employee eligibility
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Qualifying events
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Family member definitions
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In loco parentis
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Adult children coverage
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Common law marriages
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Baby bonding documentation
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PTO coordination
Employer Notification Requirements
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General notice
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Handbook requirements
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Eligibility notice
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Rights and responsibilities notice
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Designation notice
Medical Certifications & Leave Tracking
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Health care provider definitions
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Foreign certifications
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Cure periods
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Authentication and clarification
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Second and third opinions
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Tracking methods
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Intermittent leave calculations
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Airline flight crew rules
Protections and Reinstatement
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Equivalent positions
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Key employee rules
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Fitness-for-duty
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Benefits continuation
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Premium recovery
Military Leave Provisions
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Military caregiver leave
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Qualifying exigency categories
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Next of kin
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Certification and recordkeeping
FMLA and Other Laws
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PDA
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ADA
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USERRA
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Workers’ compensation
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GINA
FMLA Litigation & Enforcement Trends
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Personal liability
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Fraud investigations
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Case law analysis
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Day Two: ADA, PDA & PWFA Compliance (10:00 AM – 6:00 PM Eastern Time)
ADA History and Scope
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ADA Basics
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Titles of ADA
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ADAAA
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Disability definitions
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Impairments
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Substantial limitations
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Major life activities and bodily functions
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Mitigating measures
Disabilities & Protections
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Common disabilities
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HIV/AIDS
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Alcohol vs. drug use
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Conditions excluded from coverage
Qualified Individuals & Defenses
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Essential vs. marginal functions
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Undue hardship
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Direct threat
Recruitment & Hiring
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Applicant accommodations
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Qualification analysis
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Interview scenarios
Interactive Process & Accommodations
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Initiation and timing
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Confidentiality
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Documentation tools
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Accommodation effectiveness
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JAN resources
Interactive Process Exercises & Case Studies
Who Should Attend
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HR Managers
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HR Generalists
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HR Specialists
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HR Assistants
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Employee Relations Professionals
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Managers and Supervisors
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Executives
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Consultants
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Small Business Owners
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