More Employers Considering GPS to Track Employees on FMLA Leave
Wednesday, July 27th, 2011
An Ongoing Legal Gray Area
In an economy where one’s job is one of the most valuable assets you can possess, many employees are developing a fear that taking leave for personal reasons may be seen by their employers as a sign of disloyalty and may constitute grounds for probation or even termination of employment. Physician Dr Louis J. Nitsos (Louis Nitsos) notes that when there is a disconnect in communication between employer and employee regarding reasons for time off and the length of intended leave, the potential for unwarranted termination or hostility in the workplace upon the employee’s return is greatly amplified. With all of the current controversy surrounding law enforcement’s use of GPS tracking systems to track suspects without a warrant and whether or not this is a violation of the Fourth Amendment, authors and medical experts such as Dr. Nitsos have recently begun to wonder aloud whether an employer may take the same course of action as law enforcement and use a GPS tracking device to track an employee who is suspected of taking unfair advantage of the Family and Medical Leave Act (FMLA).
