## Facts

- Tami Whitaker worked on an assembly line in a physically demanding job requiring constant standing and repetitive manual tasks.
- After becoming pregnant, Whitaker experienced nausea, vomiting, and cramping and was advised by her physician to limit hours and increase rest due to concerns about hypertension and premature delivery from extended time on her feet.
- Whitaker sought to continue working regular time but requested relief from mandatory overtime, effectively a reduced schedule of 8 hours per day and 40 hours per week.
- Whitaker submitted an employer leave application and a health care provider certification stating her pregnancy and the 8-hour/40-hour limitation, with medical rationale tied to pregnancy-related risks.
- Bosch denied the FMLA request and told Whitaker that unless her doctor cleared her for overtime, she would have to take short-term disability leave.
- Whitaker went on short-term disability and sued under the FMLA, seeking the difference between what she would have earned working 40 hours per week and what she received in disability benefits.
- The parties filed cross-motions for summary judgment.

## Issues

1. Whether Whitaker’s pregnancy-related condition and physician-imposed work restrictions constituted a “serious health condition” permitting FMLA leave.
2. Whether Whitaker provided sufficient notice and medical certification to support medically necessary reduced-schedule leave (excusal from overtime).
3. Whether an employer may deny FMLA leave without pursuing available statutory and regulatory options to clarify or contest the medical certification.

## Decision

- The court granted Whitaker’s motion for summary judgment and denied Bosch’s motion.
- The court held that Whitaker’s pregnancy-related condition, coupled with associated risks and physician-imposed hour restrictions, qualified as a “serious health condition” under the FMLA.
- The court held that Whitaker’s submissions were sufficient to satisfy FMLA notice and certification requirements for reduced-schedule leave.
- The court emphasized that if Bosch questioned the certification, it should have sought clarification or obtained a second opinion rather than denying the request.

## Legal Principles

- FMLA leave is available for a “serious health condition” that makes an employee unable to perform job functions, and it may be taken as intermittent or reduced-schedule leave when medically necessary.
- Pregnancy can qualify as a serious health condition when it involves incapacity, prenatal care, or medically supported restrictions connected to pregnancy-related risks.
- Reduced-schedule leave may include limits on hours worked, such as excusal from overtime, when supported by medical necessity.
- When an employee provides facially adequate certification, an employer disputing adequacy must use prescribed procedures (e.g., clarification or second/third opinions) rather than simply denying leave.

## Conclusion

The court ruled that medically supported pregnancy-related restrictions entitled the employee to FMLA reduced-schedule leave from overtime and that the employer violated the FMLA by denying leave without using available mechanisms to clarify or challenge the certification.


Whitaker v. Bosch Braking Sys. Div. of Robert Bosch Corp., 180 F. Supp. 2d 922 (W.D. Mich. 2001)