And another important thing to keep in mind: Even if an employee taking FMLA leave doesn’t comply with your policy regarding the substitution of paid leave, they are still entitled to take unpaid leave under the law.

Let’s break down how those two points arose in a recent case out of Illinois – and how HR departments should respond.

Pregnant Employee Suffers From Morning Sickness

Dyamond Davis worked at an assisted living facility in Illinois.

In late April of 2017, Davis got sick at work. When she left work to get treatment, she learned she was pregnant.

During the first week of May, Davis missed work four times due to morning sickness. Her employer then gave her its FMLA packet and a medical certification form to be completed by her doctor.

What Does FMLA Certification Say?

On the FMLA certification, the doctor said Davis’ medical condition was “pregnancy.” She also said Davis needed to attend regular medical appointments until the baby was delivered, adding that she would need six weeks to recuperate after the birth. Finally, the doctor answered “no” to the question of whether Davis’ condition would cause “episodic flare-ups.”

Davis missed work again on May 11, and she left four hours early the next day due to morning sickness. Davis tried to use four hours of accrued holiday time to cover her absence that day, but she did not realize that she had only 3.5 hours of paid holiday time available.

She didn’t report the four-hour absence as FMLA-related because she’d not...

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