Course Description:

This interactive one and a half day seminar will unravel complex issues such as employee leaves of absence, health issues, family issues, pregnancy, military duties, and workplace injuries. Attendees will get insight into the practical and legal issues involved in managing employee attendance, leaves of absence, and workplace accommodation requirements.

The purpose of this interactive course is to give you a real working knowledge of how to handle the most difficult workplace situations such as handling chronic ailments. You will have plenty of time to ask questions and have hands-on problem-solving experience. An experienced employment law attorney will guide you through what to say (and not to say) when engaging in the “interactive process,” when and how to grant leave, and when you can safely say, “we’re done.”



Learning Objectives:

  • Get comfortable with the most up-to-date Federal and Texas laws governing employee leaves of absence, health issues, family issues, pregancy, military duties, and workplace injuries.
  • Learn what to do when an employee says, “I’m having trouble doing this job because of my health”.
  • Know the procedures and forms to use when an employee says, “I’m can’t come to work” for an hour or a month.
  • Learn what to do when an employee has a physical or mental breakdown at work.
  • Practice techniques to use (and not use) when you suspect fraudulent use of leave.
  • Learn how your current sick leave and absence control policies correspond with (and sometimes violate) the latest laws.
  • Feel confident when you finally decide that you have reached the end of your obligations toward an employee who can’t come to work or can’t perform the job.


Who will Benefit:

  • Human Resource Managers
  • Business Owners, Executives, and Managers
  • Risk Managers
  • Public Agency Managers
  • Supervisors responsible for controlling employee absences


Topic Background:

The number one area employers throughout the country struggle with involve legally managing employee leaves of absence and workplace health issues. More charges and lawsuits are being filed against employers for disability accommodation, denial of leave, and retaliation than any other area of employment law. This growth in claims is due in part to the ADA Amendments Act and the EEOC’s aggressive coverage and enforcement of disability-related claims, as well as the continuing complexities of the FMLA. Add to that Texas laws on workers’ comp retaliation and the special federal rights given to returning Reservists, and you have a confusing and convoluted recipe for disaster.





Course Outline:

Day One (8:30 AM - 4:30 PM) Day Two (8:30 AM - 12:00 PM)

Registration Process: 8:30 AM - 9:00 AM

Session Start Time: 9:00 AM

  • 9:00 AM - 12.00 PM: Overview of Laws
    • Family and Medical Leave Act
    • Americans with Disabilities Act
    • Texas Workers’ Compensation Retaliation provisions
    • Uniformed Services Employment and Reemployment Rights Act
  • 12.00 PM - 1:00 PM: Lunch
  • 1:00 PM - 4:30 PM: Drilling Down Deep
    • Accommodation and the Interactive Process
    • Paperwork and Tracking of FMLA Leave
    • Confidentiality of Medical Information
    • Dealing with Chronic Illnesses
    • Dealing with Psychiatric Issues
    • Dealing with Drug and Alcohol Addiction

  • 8:30 AM - 12.00 PM: Trying it Out
    • Minimize Leave Fraud
    • Work through additional real-life scenarios
    • What you need to tell supervisors
    • Practice and review skills
    • Work on policies and forms
    • Get your questions answered





Meet Your Instructor

Sheila B. Gladstone
Principal, Attorneys and Counselors, Lloyd Gosselink Rochelle & Townsend, P.C

Sheila Gladstone heads up Lloyd Gosselink’s Employment Law Practice Group and has over 25 years' experience assisting employers with all aspects of employment law. Ms. Gladstone is a frequent and entertaining speaker and a published author on a variety of employment-related issues. She uses a direct approach and gives practical advice to help employers deal with personnel issues and employment regulations, so they can focus on their core business. She believes employees should contribute to, not hinder, the growth of the business or the mission of the agency. She was among the five percent of Texas attorneys selected for the 2012 and 2013 Texas Super Lawyers list, which recognizes outstanding professional achievement.

She graduated with high honors from the University of Arizona College of Law in 1987, where she was an editor of the Law Review.





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