Employers are permitted to require medical certifications from employees seeking leave under the federal Family and Medical Leave Act (FMLA). However, the U.S. Court of Appeals for the 7th Circuit recently held in Davis v. Illinois Department of Human Services that employees may be entitled to FMLA leave even if the reason for that leave is not stated in the employee’s medical certification.
The case involved a pregnant employee who was terminated for taking FMLA leave for morning sickness, a condition her employer was aware of but that was not mentioned in her FMLA medical certification. The court also found that the employer’s notice procedures for substituting paid leave did not comply with the FMLA.
