not clear to return to work until after a follow-up appointment on August 31. The
doctor’s note did not provide the reason for Ms. Espindola’s hospitalization, but
according to Ms. Espindola she had been hospitalized due to the kidney stones. Apple
King did not assess Ms. Espindola any attendance points for her hospitalization. It is
unclear whether Apple King knew of the reason for Ms. Espindola’s hospitalization, but
the company did at least know that Ms. Espindola had been hospitalized during the course
of her pregnancy.
4
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No. 35262-5-III
Espindola v. Apple King
In the months following her hospitalization, Ms. Espindola had numerous medical
appointments. Apple King was advised of the appointments, and Ms. Espindola was not
assessed any attendance points for those absences. Ms. Espindola was also permitted to
take time to check her blood sugar at work after reporting that she had been diagnosed
with gestational diabetes. Ms. Espindola’s gestational diabetes did not cause her to miss
work.
The last full month of Ms. Espindola’s pregnancy was December 2011. During
that month, Ms. Espindola left work early on three occasions. She was assessed two
attendance points on each date. Also in December, Ms. Espindola missed a day of work
and provided same-day notice of her absence. Ms. Espindola was assessed three points
on this occasion. Ms. Espindola did not provide any doctors’ notes explaining her
December absences. However, Ms. Espindola has testified that she had told her
supervisor she was in debilitating pain from kidney stones. According to Ms. Espindola,
her supervisor provided permission to either leave work early or stay at home, as at times