Compliance Stuff

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. Background In  Davis v. Illinois Department of Human Services , a pregnant employee had missed a...

Here’s a story about Dyamond, who will forever impact the manner in which you review FMLA medical certification. If this teaser doesn’t have you on the edge of your seat, nothing in this little FMLA blog will. Dyamond’s Story Dyamond worked at an assisted living facility run by the State of Illinois (DHS), and she became pregnant. It was a difficult first trimester for Dyamond, who was absent several days due to morning sickness associated with her pregnancy. When she missed five workdays in a bit more than a week due to reported morning sickness, DHS provided her FMLA notices and asked her doctor to complete medical certification. One week later, she even left her shift early due to another bout with morning sickness. Dyamond’s obstetrician completed medical certification, noting that her medical condition was “pregnancy.” As she suffered from lupus, her pregnancy was considered high-risk, and her OB required additional testing periodically throughout her pregnancy. In the FMLA medica...