If an employee is pregnant and is continually leaving early due to issues relating to the pregnancy and has not provided medical documentation indicating she should be on a reduced schedule is this time considered FMLA? Should you classify it as FMLA? What would be the best way to handle the situation as it is interfering with the business?
If the employee qualifies for FMLA leave, you should take the appropriate steps to count the time as FMLA. That means giving the employee info on FMLA rights & responsibilities and asking for medical certification. If after giving the employee notice that certification must be provided in order to qualify as FMLA leave, and the employee still refuses to provide medical certification, the leave is not FMLA leave and thus is not protected by the FMLA. Then other alternatives may be pursued, according to whatever practice you follow for employees who don't have good attendance.
Keep in mind, though, that FMLA & state FML laws may apply, as well as state pregnancy discrimination laws, which generally say employers must treat women disabled by pregnancy the same way they treat others with STD. So if you never comment when another employee with a STD leaves early every day but DO get upset about a pregnant-disabled woman doing it, that's discrimination and prohibited.
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