An employer has the right to conduct an investigation if they receive information about FMLA fraud or abuse. In fact, in many cases, FMLA abuse is typically brought to the attention of the employer by the employee’s co-workers. However, the employer must be reasonable and use good judgment in using this information. They should not make snap judgments about the validity of what is in the pictures or take quick disciplinary action. They can interview the employee who shared the picture, determine the time, date, and whether the activity in the picture contradicts the information in the FMLA certification. Several recent court cases have held that pictures of an employee on a beach, for instance, are not necessarily evidence of FMLA abuse. If you believe the picture is not consistent with the certification, conduct a careful and thorough inquiry that is fair to the employee before taking any employment actions.