A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act (FMLA) where they have additional information about an employee’s health condition. It also offers guidance to employers on the mechanics of requiring the use of paid leave concurrently with unpaid FMLA leave.

Quick Hits

• A Seventh Circuit opinion warns employers against strictly relying on health care provider certifications for FMLA leave when they possess additional information about an employee’s health condition.
• Employees who fail to comply with paid leave substitution policies are still entitled to unpaid FMLA leave.
• Employers may want to review their paid leave substitution policies to ensure compliance with FMLA regulations and avoid potential legal issues.

In Davis v. Illinois Department of Human Services, a pregnant employee had missed a number of days due to morning sickness. After being notified of her right to FMLA, she subsequently submitted an FMLA certification from her health care provider stating that she required leave to attend regular medical appointments until the child’s birth, and then six weeks or more for recuperation after the birth. The doctor responded “no” to the question “Will the condition cause episodic flare-ups periodically preventing the employee from performing his/her job functions.”

The employer approved the...

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