FMLA developments in 2010 came fast and furious: the DOL’s interpretation clarifying the definition of in loco parentis, GINA’s impact on the FMLA, an impending DOL survey on how families use medical leave, and a number of new court cases giving guidance (and in some cases, muddying the waters) on important issues such as FMLA eligiblity and notice, abuse of FMLA leave, medical certification, caring for a family member and FMLA retaliation.
2011 surely will usher in new and unexpected FMLA developments. In the meantime, what should employers do? Prepare. As the calendar turns over to a new year, consider implementing the following to minimize FMLA liability and put yourself in the best position to administer the FMLA: