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FINAL PROGRAM2016 DMECFMLA/ADAEMPLOYERCOMPLIANCECONFERENCEAPRIL 25-27 PITTSBURGHWYNDHAM GRAND PITTSBURGH DOWNTOWNSAVETHE DATE2016 DMECANNUALCONFERENCEJULY 18-21HILTONNEW ORLEANSRIVERSIDEACCESSPRESENTATIONMATERIALS
WELCOME TOTHANK YOUand the2016 DMEC FMLA/ADA EMPLOYERCOMPLIANCE CONFERENCE!Our very special thank youto the conference speakers,conference sponsors, and themany volunteers who havehelped — and continue to help —in a myriad of ways to make thisconference possible!PITTSBURGHMEET YOUR DMEC STAFFTerri RhodesChief ExecutiveOfficerLisa McGrathDirector ofOperationsTasha PattersonMarketingManagerRachel AnkerholzIT & DatabaseManagerCarla O’SullivanEducationPrograms ManagerCindy EspeOnline EventsAdministratorJennifer WatkinsMarketing &MembershipCoordinatorLisa JorgensonDatabaseSpecialistKatie GillhamConference &AdministrativeCoordinatorJoAnne SpitaleConferenceManagerINSTRUCTIONS FOR CEUSEach full conference attendee received a 3-part CEU Tracking Formin their registration packet to record sessions attended. All trackingforms must be signed by a DMEC representative at the end of theconference or upon your departure. For complete instructions, seethe CEU instructions form in your registration envelope.ACCESSING PRESENTATIONS& HANDOUTSConference presentations and materials are available on the DMECmobile app! In addition, all full conference attendees will receive apost-conference email which contains an electronic link to access anddownload conference materials.SESSION EVALUATIONS AND POSTCONFERENCE EVALUATION FORMSIndividual session evaluations and our overall post-conferenceevaluation are available on the DMEC mobile app! All full conferenceattendees will also receive a post-conference email which contains alink to our online evaluations. Your feedback is important and helpsus plan future conferences and educational events.GET THEMOBILE APP!Downloading the 2016 DMEC ComplianceConference Mobile App is easy!3 Easy Ways1 Search “DMEC” on yourApp Store or Google PlayREGISTRATION DESK HOURSMONDAY 7:00 am-5:00 pmTUESDAY 7:00 am-1:00 pmWEDNESDAY 7:00 am-1:00 pm2 Enter app.core-apps.com/dmec cc16 for a web-version3 Or simply scan!Conference AppSponsored by
7:00 am-5:00 pm Registration OpenGENERAL SESSION8:30-9:00 am Welcome & Opening Remarks9:00-10:15 am The Year in Review: Breaking Down the Most SignificantCompliance Developments of 2015-201610:15-10:30 am Comfort Break10:30-11:30 am The DOL Steps Up for Employers —Hands-On FMLA Leave Management Guidance11:30 am-1:00 pm Welcome Luncheon1:00-2:00 pm Leave Administration through the Lens of the DOL and EEOC2:00-2:30 pm Dessert with ExhibitorsMEETING &EVENTLOCATIONSGENERAL SESSIONS/WORKSHOPGrand Ballroom 1GROUP INSURANCEWORKSHOPKing’s Garden 1WELCOME RECEPTION,BREAKFASTS, LUNCHEONSKing’s Garden Ballroom 2-5TUESDAYCONCURRENT SESSIONS 11:00-2:30 pm1A Grand Ballroom 11B Grand Ballroom 21C Grand Ballroom 31D King’s Garden 1CONCURRENT SESSIONS 23:00-4:00 pm2A Grand Ballroom 12B Grand Ballroom 22C Grand Ballroom 32D King’s Garden 1CONCURRENT SESSIONS 34:00-5:00 pm3A Grand Ballroom 13B Grand Ballroom 23C Grand Ballroom 33D King’s Garden 1AFTERNOON WORKSHOPS2:30-5:00 pm ADA Employee Accommodations:Unraveling the Chaos, Creating Compliant Solutions3:00-5:00 pm Leave Management and ADA:A Workshop for Group Insurance AgentsAGENDA AT A GLANCEMONDAY APRIL 25EVENING EVENT5:00-6:00 pm Welcome ReceptionTUESDAY APRIL 267:00 am-1:00 pm Registration Open7:00-8:00 am Networking BreakfastGENERAL SESSION8:00-9:00 am Avoiding Employee FMLA Lawsuits9:00-9:30 am Coffee & Conversation Break9:30-10:30 am Behavioral Health Interactions with FMLA, ADA, Presenteeism,and Disability10:30-11:30 am Employees Taking Leave to Avoid Discipline:Effective Options for Employers11:30 am-1:00 pm Networking & Ideas Exchange LuncheonCONCURRENT SESSIONS1:00-2:30 pmSERIES 1 1A FMLA & ADA: Are Your Organization’s Policies EffectivelyAligned with Both Laws? 1B Uncharted Waters: Defending Job Analyses in ADA &Section 503 Cases 1C Missteps Matter: Strategies for Effectively Navigating theInteractive Process 1D From Anxiety to Action: Intermittent Leaves Made Easy2:30-3:00 pm Dessert with Exhibitors3:00-4:00 pmSERIES 2 2A Co-Starring ADA and FMLA: Understanding How and Whythe ADA Must Get Equal Billing2B Curbing Abuse: What Case Law Can Teach Us2C Workplace Wellness: A Regulatory Alphabet Soup! 2D Expecting the Unexpected: Pregnancy-RelatedEmployment Issues4:00-5:00 pmSERIES 33A FMLA Administration Options: Making Informed Decisions3B When Black and White Turn Gray 3C The Tightrope of Behavioral Health, ADA, and FMLA:Managing the Risk 3D Parental Leave Policy Disruption: Secrets to PaidParental Leave Rollout SuccessEVENING OPENPHOTO CONSENTDuring the 2016 DMEC FMLA/ADA Employer ComplianceConference, DMECrepresentatives may takephotographs or video recordingsof attendees. By registeringand attending the conference,attendees consent to DMEC’suse of their image, likeness, orvoice for editorial or marketingpurposes.WEDNESDAY APRIL 277:00 am-1:00 pm Registration Open7:00-8:00 am Last Chance Networking BreakfastGENERAL SESSION8:00-9:00 am Looking Ahead: The Future of Absence Management9:00-9:30 am Coffee & Conversation Break9:30-10:30 am Paid Sick Leave Laws: The New Frontier for Job ProtectedAbsences10:30-11:45 am Ask the Experts!11:45 am-12:00 pm Closing Remarks12:00-1:00 pm CEU Forms Signed3
MONDAY GENERAL SESSION8:30-9:00 amWELCOME & OPENING REMARKSFor more than 23 years, FMLA andADA have been a force with which tobe reckoned. For leave and absencemanagement professionals, 2015 was noexception. 2016 is already showing signsof being dynamic and unpredictable.We understand the need to remaincompliant with the DOL and the EEOCand to understand how the ever-changinglandscape of case law impacts yourorganization.Whether you are new to the industry ora long-time veteran on the front lines ofabsence management, one thing you doknow is that this world — the world of FMLAand ADA — is a complicated landscape tonavigate. Maneuvering through changinginterpretations and case law may distortyour perspective. What you thought to betrue may or may no longer be. There is noblack and white, and the gray is blurred.Today’s greatest challenge is to remainnimble enough to adapt and adjust quicklyto the guaranteed and constant change.Perhaps harder still, you must also maintainan informed and well-developed plan tolead your organization.The 2016 DMEC FMLA/ADA EmployerCompliance Conference is designed toprovide you with leading-edge guidance,actionable takeaways, and valuable insightfrom regulators and industry leaders — allof which will help you remain confident andcompliant in the year ahead.9:00-10:15 amTHE YEAR IN REVIEWWelcomeLuncheonWith paid sick leave grabbing everyone’sattention and time, it would have beeneasy to miss some of the more importantADA and FMLA case law developmentssince our last compliance conference.Not to worry, as this fast-paced openingsession will catch you up on the majorcourt decisions addressing telecommuting,pregnancy-related accommodations,FMLA and ADA leave, employer effortsto combat suspected leave abuse, lightduty, return to work programs, reasonableaccommodations and much more. Alwaysa crowd pleaser with attendees who wantto make sure they didn’t miss a beat, we’resure you’ll find this general session to bethe perfect prelude to sessions focusing onmore targeted compliance challenges.Sponsored byBreaking Down the MostSignificant ComplianceDevelopments of 2015-2016SPEAKERFrancis Alvarez, JDPrincipal, Chair, Disability, Leave & HealthManagement Practice Group, JacksonLewis PC10:15-10:30 amComfortBreakSPEAKERS10:30-11:30 amTerri Rhodes, MBA,CPDM, CCMPChief Executive Officer,DMECOpening Remarks byHelen M. ApplewhaiteBranch Chief, Branch ofFMLA and Other LaborStandards, Wage and HourDivision, US DOLTHE DOL STEPS UP FOREMPLOYERSHands-On FMLA Leave ManagementGuidanceWhat does the US Department ofLabor (DOL) view as the top challengesemployers face in managing FMLA leaves?What assistance is available from DOLresources to understand and master thesechallenges? What is the DOL’s perspectiveand what are industry best practices? Thehead of the DOL’s FMLA branch and a leavemanagement expert will lead you on atour of the department’s FMLA resources.During the tour, they will take on selectFMLA issues and provide recommendationson handling these challenges in compliantand practical ways.SPEAKERSHelen M. ApplewhaiteBranch Chief, Branch of FMLA and Other LaborStandards, Wage and Hour Division, US DOLMarti Cardi, JDVice President, Product Compliance,Matrix Absence Management411:30 am-1:00 pm1:00-2:00 pmLEAVE ADMINISTRATIONTHROUGH THE LENS OF THEDOL AND EEOCThis session will cover the unusual andtricky topics of leave and accommodationadministration in a Q&A session withmembers from the DOL and EEOC. Topicssuch as late paperwork, mental health,intermittent absences, and return to workwill all be addressed from an FMLA andADA perspective. Learn where the twofederal laws are similar and where theydiffer. Participants will have a chance to askquestions about administrative processesand tools as viewed by each agency.SPEAKERSSharon RennertSenior Attorney Advisor, ADA/GINA Division,Office of Legal Counsel, EEOCChristine SchottSenior Advisor, Branch of FMLA and OtherLabor Standards, US DOLMODERATORMegan Holstein, EsqDirector of Compliance, Reed Group2:00-2:30 pmDessert withExhibitorsSponsored by
2:30-5:00 pm3:00-5:00pmADA EMPLOYEE ACCOMMODATIONSLEAVE MANAGEMENT AND ADAUnraveling the Chaos, Creating CompliantSolutionsA Workshop for Group Insurance AgentsThis session will provide group insurance agents with information about theconcern employers have regarding workplace productivity and their focus onmanaging employee absences. This course will present the federal FamilyMedical Leave Act (FMLA), various state leave laws as well as employer leavepolicies. The course also reviews the Americans with Disability Act, includingthe Amendments Act (ADA) and how it interacts and deviates from FML inthe handling of employees on leave. Included will be information regardingemployer challenges managing the various absence types and how insurancecompany practices can help administer these programs. Understandingthese leave management laws, ADA, hidden costs of non-compliance, andadministration options will assist the agent/broker in explaining these topicsto their clients so they can discuss employer concerns regarding workplaceproductivity, their focus on job accommodations, and assisting disabledemployees in returning to work while being compliant with FMLA and ADA.This high octane, solutions-focused presentation willaddress the realities of where we are with employeraccommodation obligations under Title I of the ADA/ADAAA. Rachel will guide you through how to createor enhance your interactive process to ensure thatyour absence program is compliant, efficient, andeffective in dealing with your growing number ofrequests for accommodation. She will address thedifficult accommodation matters related to on-goingintermittent leaves, psychological disabilities, andemployee/supervisor conflicts in the workplace.You won’t want to miss this highly anticipatedworkshop. You will leave feeling empowered,entertained, and with tangible tools to enhance yourown programs.AFTERNOON WORKSHOPAFTERNOON WORKSHOPS2 Life/Disability Broker/Agent CEUs availablePRESENTERSSPEAKERKimberly Mashburn,RN, CCWSRachel Shaw, MBAConsultant, Absence,Disability and Wellness,The HartfordPresident and PrincipalConsultant,Shaw HR Consulting, IncJohn Robinson, CPCUAssistant Directorof Absence Solutions,The Hartford5:00-6:00 pmWelcome ReceptionTake this opportunity to connect with colleagues and peersfrom across the country at the 2016 welcome reception.MARK YOURCALENDAR FOR THESponsored by our 2016 Partner Sponsors2016 DMEC ANNUALCONFERENCE INNEW ORLEANSDisabilityGuidelines Logo StandardsCOLOR ON WHITETYPEFACECalibri Bold(-30 le er spacing)CALIBRI REGULAR ALL-CAPSBLACKCOLOR REVERSEDCalibri ItalicJULY 18-21LOGO w/ TAGLINESHARE YOUREXPERIENCEWe want to capture your conference experience on video! Tell us whyyou decided to attend this year’s conference, key learnings you’vepicked up from sessions, and “aha” moments you’ve experienced. StopMASTERBRAND COLOR PALETTE:PANTONE: 7577cCMYK: 15/70/87/03RGB: 208, 105, 58Hex: CE6832Videographysponsored byPANTONE: 141cCMYK: 10/19/69/00RGB: 231, 192, 76Hex: EAC967PANTONE: 542cCMYK: 49/29/18/00RGB: 135, 161, 184Hex: 87A1BBPANTONE: 541cCMYK: 99/78/29/14RGB: 16, 70, 117Hex: 104675PANTONE: 575cCMYK: 56/26/81/06RGB: 123, 151, 88Hex: 799754PANTONE: 577cCMYK: 36/12/65/00RGB: 172, 191, 122Hex: ABC178PANTONE: 5807CMYK: 18/14/35/00RGB: 210, 205, 172Hex: CAC59BPANTONE: 432CMYK: 66/52/45/17RGB: 92/102/112Hex: 5c666fby the video booth in the foyer or catch up with one of our roamingPANTONE: 7532cCMYK: 47/55/80/34RGB: 108, 87, 56Hex: 6C5738videographers. Videos will be shared with the larger DMEC communitythrough the website and social media.5
TUESDAY GENERAL SESSION7:00-8:00 amNetworkingBreakfastSponsored byknowledge you needto correctly manageyour complianceresponsibilitiesand reduce yourrisk of lawsuits8:00-9:00 amAVOIDING EMPLOYEEFMLA LAWSUITSDid you ever wonder what compels youremployees to sue you? Are there particularcompliance issues that cause you to besusceptible to FMLA litigation? In thisinteractive session, we will review whatpolicies and practices increase the chancesof FMLA litigation, and specific effortsyou can undertake to decrease that risk.During our session, we also will highlightDOL-initiated FMLA litigation over the pastseveral years to identify common issuesemployers should be concerned about.SPEAKERJeff Nowak, JDPartner and Co-Chair, Labor and EmploymentPractice Group, Franczek Radelet PC9:00-9:30 amCoffee &ConversationBreak10:30-11:30 am ain the tools andGand governmentenforcement actions9:30-10:30 amBEHAVIORAL HEALTHINTERACTIONS WITH FMLA, ADA,PRESENTEEISM, AND DISABILITYWe all know that behavioral health problemscan negatively impact an employee’s worklife. What can you do to minimize theimpact? Using data from the Department ofLabor, the Equal Employment OpportunityCommission, and Aetna, we’ll review whatwe know about the prevalence and costof behavioral health issues. We’ll discusspresenteeism and its link to disability andexplore strategies that can assist withbehavioral health ADA accommodationrequests. You’ll walk away with a betterunderstanding of how to build proactivedisability plan designs and enhanced returnto work programs to save your organizationmoney and lost work time.EMPLOYEES TAKING LEAVE TOAVOID DISCIPLINEEffective Options for EmployersWhat do you do when an employeerequests a leave of absence to avoid aconfrontation over his or her performanceor behavior? More important, what canyou do? In this safe, interactive session,we’ll discuss best practices for respondingto leave, disability, and accommodationrequests that you suspect are being used asprotection against discipline or termination.We’ll examine real-world, litigated cases todemonstrate how you can most effectivelyreduce your organization’s litigationexposure. To cap it all off, you’ll hear thefacts of an actual case and then get to voiceyour opinion in our electronic poll. We’ll seehow you and your peers stack up againstthe case’s real outcome. Come and learnabout your options!SPEAKERSJulie Johnson, CCM, CPDMOperations Manager,Leave Services, Liberty MutualLais Washington, JDCompliance Consultant, Regulatory Affairsand Compliance, Liberty Mutual11:30 am-1:00 pmNetworking &Ideas ExchangeLuncheonSponsored bySPEAKERSAdele Spallone, LMHC, LMFTVice President, Business Integrationand Strategy, Disability and AbsenceManagement, AetnaMichael Lacroix, PhDAssociate Medical Director, AetnaAFTERNOONCONCURRENTSESSIONS6CONCURRENTSESSION 11:00-2:30 pmCONCURRENTSESSION 23:00-4:00 pmCONCURRENTSESSION 34:00-5:00 pm1A Grand Ballroom 11B Grand Ballroom 21C Grand Ballroom 31D King’s Garden 12A Grand Ballroom 12B Grand Ballroom 22C Grand Ballroom 32D King’s Garden 13A Grand Ballroom 13B Grand Ballroom 23C Grand Ballroom 33D King’s Garden 1
CONCURRENT SESSIONSSERIES 1(choose one)1A GRAND BALLROOM 1FMLA & ADAAre Your Organization’s PoliciesEffectively Aligned with Both Laws?Are the people who administer FMLA inyour organization different than thosewho are responsible for managingaccommodations under the ADA (includingaccommodation leaves)? Do you sometimesfind out that an employee has beenapproved for an ADA accommodation thatincludes a reduced work schedule leave,but no one thought about sending FMLApaperwork? How is the FMLA and thereasonable accommodation of individualson workers’ compensation handled inyour organization? Attend this interactivesession to identify areas of weakness inyour organization’s absence managementcompliance created by “cross-overs” in lawsgoverning employee leave rights, and learnstrategies for helping to “tie up” the looseends of leave administration.SPEAKERSTami Myers, CPDMSr Human Resources Manager,Shared Services, CVS HealthJaclyn Kugell, JDPartner, Morgan, Brown & Joy, LLP1B GRAND BALLROOM 2UNCHARTED WATERSDefending Job Analyses in ADA& Section 503 CasesEffective and reliable job analyses are thefoundation for the ADA interactive processand RTW evaluations. But what makes ajob analysis effective and reliable, and whatevidence will employers need to persuadethe EEOC, the DOL, or a court, that jobactivities are “essential functions” and jobanalyses are “content valid” and “job-relatedand consistent with business necessity”?During this session, a management-sideemployment lawyer and an industrialorganizational psychologist will explainhow principles of industrial organizationalpsychology, including job analyses standardsunder the UGESP, are likely to be meshedwith the EEOC’s ADA “essential function”regulations to shape proof that essential jobfunctions are content valid in ADA, Section503, Title VII, and PDA cases.SPEAKERSDan Biddle, PhDCEO, Biddle Consulting Group andFire & Police Selection, Inc1C GRAND BALLROOM 3MISSTEPS MATTERStrategies for Effectively Navigatingthe Interactive ProcessAn actionable, reasonable accommodationpolicy and robust interactive process arekeys to creating an inclusive workplaceand meeting the requirements of theADA. Having an effective processincreases response time for completingaccommodation requests, reducesconfidentiality breaches, and bringsobjectivity to request fulfillment. Whilethere is not one perfect process, somestrategies are more effective than othersin instilling confidence in the processand achieving positive outcomes foreveryone involved. During this session,presenters will use video vignettes toanalyze simulated interactive processmissteps and demonstrate effectivereasonable accommodation practices thatdrive inclusion, reduce risk, and improvecompliance.SPEAKERSLouis Orslene, MSW, MPIA, CPDMCo-Director, Job AccommodationNetwork (JAN)Tracie DeFreitas, MSLead Consultant, ADA Specialist,Job Accommodation Network (JAN)1D KING’S GARDEN 1FROM ANXIETY TO ACTIONIntermittent Leaves Made EasyIt’s often difficult to identify where to beginor exactly what to do when managingcomplex intermittent leave issues.Fortunately, there are a number of resourcesand tools available to help you confidentlytackle intermittent leaves head on. Joinexperts as they identify specific actionsyour organization can take to proactivelyand properly administer intermittent leavesunder the FMLA. You’ll learn practical tipsto mitigate compliance risks and improveaccountability through effective employeeeducation and communications. Whetheryou need help with recertification, noticerequirements, correspondence, or potentialabuse, presenters will share detailswhich will allow you to administer theseleaves with confidence and consistency.Additionally, we’ll examine recent casesto illustrate appropriate employer
Lisa Jorgenson Database Specialist Katie Gillham Conference & Administrative Coordinator JoAnne Spitale Conference Manager Terri Rhodes Chief Executive Officer Lisa McGrath Director of Operations Tasha Patterson Marketin
