Callison had worked for the city for two years when he was diagnosed with deep anxiety reaction caused by stress at home and on the job. He used a lot of sick leave and was put on a Sick Abuse List. Employees on the list were required to get medical certification for all sick days and were subject to penalties for violations of the policy. Employees on sick leave were to call a hotline to report when they left home. A sick leave investigator would call homes to see if employees were there or not.
Callison took three months FMLA leave; the city checked on him, and he was often not home. He was suspended for failure to follow policy.
Callison sued, contending he should not be subject to discipline while on FMLA leave and that to discipline him was retaliation in violation of the statute.
The trial court held for the city. Callison appealed.

1. The appeals court affirmed that the employer had the right to be sure an employee was in fact at home while taking FMLA leave. Why would the employer care where the employee is?
2. Is it not an invasion of privacy to call employees on sick leave to check on them?