Question: Can we legally conduct surveillance if we think an employee is abusing or falsifying FMLA leave?

A: Yes, but you need to be careful, says employment law attorney Jeff Nowak of the firm Littler Mendelson jnowak@littler.com. 

While courts have generally upheld employers’ right to surveil employees suspected of abusing FMLA leave, make sure you’ve notified employees this can happen. 

And be certain to establish an objective basis for…