Would you use surveillance to determine whether an employee was misusing Family Medical and Leave Act (FMLA) leave?
"According to our attorney, claims based on disability are the most common cases they are defending and at an increasing rate. There are so many state and federal protections for employees who claim an illness or disability that it requires employers to be very careful in terms of how claims are handled. So the short answer regarding the surveillance of employees who have asked for medical leave is a resounding no way. You would have to create a clearly defined criteria for surveilling employees and apply it consistently. That is way too risky of a proposition to consider based on ...
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