https://boards.hellobee.com/ Pregnancy, Baby and Parenting blog, by Hellobee en Mon, 27 Apr 2026 14:23:06 +0000 https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience/page/2#post-2491103 Thu, 10 Mar 2016 19:37:09 +0000 MrsYellowJacket 2491103@https://boards.hellobee.com/ <p>@Applesandbananas: our next step is to investigate that option </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience/page/2#post-2491085 Thu, 10 Mar 2016 19:26:09 +0000 Applesandbananas 2491085@https://boards.hellobee.com/ <p>@MrsYellowJacket: would coverage through an exchange be an option? It may be cheaper than COBRA coverage. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience/page/2#post-2491080 Thu, 10 Mar 2016 19:23:58 +0000 MrsYellowJacket 2491080@https://boards.hellobee.com/ <p>I really appreciate the advice, kind words, and support. I hope we can find insurance as well so we can continue the healing process. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience/page/2#post-2491043 Thu, 10 Mar 2016 18:47:15 +0000 pinkcupcake 2491043@https://boards.hellobee.com/ <p>@MrsYellowJacket: I'm really sorry. What a crappy way to treat a longtime employee. They sound like an awful government agency to work for. I hope your relative is able to keep / obtain insurance, heal, and find a new position with a better employer. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2491036 Thu, 10 Mar 2016 18:43:07 +0000 daniellemybelle 2491036@https://boards.hellobee.com/ <p>@MrsYellowJacket: I'm so sorry. That's terrible. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2491001 Thu, 10 Mar 2016 18:04:01 +0000 MrsYellowJacket 2491001@https://boards.hellobee.com/ <p>Unpaid leave is off the table - they won't accommodate it :( </p> <p>We've talked to 3 of my lawyer friends and 1 third party in the field - it is legal and the attorney who works in employment wouldn't even entertain the case after the free phone consult. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490999 Thu, 10 Mar 2016 17:59:28 +0000 daniellemybelle 2490999@https://boards.hellobee.com/ <p>@MrsYellowJacket: I'm so sorry. This is terrible. I would absolutely talk to an employment lawyer before your family member does anything.</p> <p>Just to clarify - an unpaid leave of absence is completely off the table? </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490972 Thu, 10 Mar 2016 17:39:26 +0000 BSB 2490972@https://boards.hellobee.com/ <p>So it is legal? Have you talked to a lawyer about this? Does the employer know that you are looking into finding a lawyer? </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490931 Thu, 10 Mar 2016 17:18:18 +0000 Mrs. Tiger 2490931@https://boards.hellobee.com/ <p>I work for the federal govt and when I ran through the employee sponsored leave (which was 750 hours from a medical leave bank that people donate to) I had to choose to return to work or apply for medical retirement. Thankfully my office let me come back the bare minimum amount (16 hrs/week).</p> <p>I'm sorry for your family member 😞 </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490923 Thu, 10 Mar 2016 17:15:20 +0000 MrsYellowJacket 2490923@https://boards.hellobee.com/ <p>@yoursilverlining: @MamaG: unfortunately resigning is the best option. If employer chooses to terminate, it affects pension and that outweighs the unemployment benefits :crying: </p> <p>It's so shitty. Our world has been rocked. This is just one thing our family is enduring at the moment. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490921 Thu, 10 Mar 2016 17:14:37 +0000 Mama Bird 2490921@https://boards.hellobee.com/ <p>@MrsYellowJacket: I'll third that. Far as I know, if you resign you may be ineligible for unemployment (and wrongful termination lawsuit?) They would be better off waiting to be fired. Also definitely recommend a chat with a lawyer. I'm so sorry about this situation! </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490844 Thu, 10 Mar 2016 16:47:01 +0000 MamaG 2490844@https://boards.hellobee.com/ <p>@MrsYellowJacket: Agreed with @yoursilverlining: I wouldn't resign. Let them terminate. Our company used to do this (before ADA expanded) and it was classified as a medical separation. And as a company we took the stance that we wouldn't fight unemployment for those employees. And it was also our stance that when the employee could work again, they were eligible for rehire. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490807 Thu, 10 Mar 2016 16:28:52 +0000 yoursilverlining 2490807@https://boards.hellobee.com/ <p>@MrsYellowJacket: Before resigning which will likely impact your family member's ability to then apply for unemployment insurance, I would speak to a local employment lawyer. </p> <p>What a shitty, shitty thing for an employer to do to someone who has given 10 years of service there. Jesus. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490778 Thu, 10 Mar 2016 16:19:19 +0000 MrsYellowJacket 2490778@https://boards.hellobee.com/ <p>@2PeasinaPod: you're right. The dr didn't help :( he said he's never seen anything like this. My heart is broken. Family member will have to resign... </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490464 Thu, 10 Mar 2016 14:19:31 +0000 2PeasinaPod 2490464@https://boards.hellobee.com/ <p>@MrsYellowJacket: Though it's really sweet the doctor is calling HR directly, if it's policy to terminate after FMLA has been exhausted, I don't think it will do any good. Most companies do make you take any PTO concurrently with FMLA. I don't know any that don't (though I'm sure it's possible that there are some out there). </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490430 Thu, 10 Mar 2016 14:11:51 +0000 Torchwood 2490430@https://boards.hellobee.com/ <p>I really hope the doctor can help! It makes me so angry that an injury that was in no way someone's own fault can essentially ruin their lives. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490302 Thu, 10 Mar 2016 13:07:56 +0000 MrsYellowJacket 2490302@https://boards.hellobee.com/ <p>@TrailRunner: not federal, it's local government so I assume there's some differences. I should have clarified that </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490211 Thu, 10 Mar 2016 12:27:37 +0000 TrailRunner 2490211@https://boards.hellobee.com/ <p>Is this a federal govt employee? It doesn't sound like it is federal bc they don't offer any sort of disability insurance and they also allow you to use LWOP while taking FMLA. If it is federal they usually have an option where employees can donate leave to a qualified employee. I've had a lot of people in my agency go on leave for longer than the 12 weeks, and I've never heard of them being treated this fairly. (They lose their benefits if it is LWOP, but not their jobs.) </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490182 Thu, 10 Mar 2016 12:10:02 +0000 Mama Bird 2490182@https://boards.hellobee.com/ <p>How awful! This may be legal but the government often has better leave policy than private companies, maybe it's something HR is aware of but the boss isn't. In any case I hope the doctor is able to convince them to wait. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490039 Thu, 10 Mar 2016 11:18:12 +0000 MrsYellowJacket 2490039@https://boards.hellobee.com/ <p>Update: dr is calling employer HR directly to discuss as Dr has never had a patient been terminated or asked to resign after such a major surgery. Hopefully this helps... </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2490028 Thu, 10 Mar 2016 11:14:55 +0000 MrsYellowJacket 2490028@https://boards.hellobee.com/ <p>It was a catastrophic injury :(</p> <p>The employer required to use sick and PTO in conjunction with FMLA which is throwing us off. We would be fine if it was sequential. Unfortunately it's a customer facing position that requires a decent amount of physical activity, so working from home is not an option. I understand the "reasonable accomodation", but then member has to way to get to/from work because they can't drive. Plus sitting at a desk for 8 hours isn't reasonable at this point anyway.... 😕 </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489984 Thu, 10 Mar 2016 10:55:44 +0000 catomd00 2489984@https://boards.hellobee.com/ <p>Sounds legal to me. Does she have PTO that can be used? </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489983 Thu, 10 Mar 2016 10:55:28 +0000 MamaG 2489983@https://boards.hellobee.com/ <p>@MrsYellowJacket: Definitely pursue ADA. It's how fellow coworkers of mine are getting out of work when they are not under the protection of FMLA. In the past year I saw an employee exhaust 12 weeks of FMLA during pregnancy and then use ADA to be out for birth and recovery. And another who wasn't FMLA eligible (employed less than one year) use ADA for birth and recovery. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489981 Thu, 10 Mar 2016 10:55:09 +0000 ShootingStar 2489981@https://boards.hellobee.com/ <p>Can they go to work in a wheel chair? Work from home? Work half days or some other reduced schedule? I'd have them talk directly to their boss and see if there's any accommodation they're willing to make.</p> <p>I've seen my mom go through 2 hip replacements and a double knee replacement. She had to do a lot of therapy afterwards, but she probably could've sat at a desk, at least part of the day, 12 weeks after surgery. And those are MAJOR surgeries. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489978 Thu, 10 Mar 2016 10:53:29 +0000 psw27 2489978@https://boards.hellobee.com/ <p>@MrsYellowJacket: Ugh, this is such a bummer. I really feel for your family member - no one suffering a catastrophic injury (sounds like a broken leg - no easy task to recover from!) should be worrying about losing their job. I hope the ADA coverage kicks in! </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489968 Thu, 10 Mar 2016 10:51:18 +0000 Mamaof2 2489968@https://boards.hellobee.com/ <p>@MrsYellowJacket: does she have any sick leave or PTO she can use?</p> <p>Like @gingerbebe: noted the Govt usually has pools of leave that have been donated and are used for these types of situations - something to look into! </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489961 Thu, 10 Mar 2016 10:47:59 +0000 MrsYellowJacket 2489961@https://boards.hellobee.com/ <p>Thanks for all the responses!! It looks like it is legal in this case. We're contacting the dr to she if she qualifies under ADA, but even then it's a long shot </p> <p>What an unfortunate ending :( I feel horrible for people who are injured for longer than 12 weeks.... This is insane. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489884 Thu, 10 Mar 2016 10:18:23 +0000 gingerbebe 2489884@https://boards.hellobee.com/ <p>Some of this could be determined by the STD.<br /> For instance if it's work provided STD via the government, it could provide full coverage and protection during the time one is on STD (like FMLA) in terms of health benefits, retirement, and job protection. </p> <p>For my government job, I have my STD kick in first, then I'm allowed to take my own annual leave and any annual leave that may be donated to me via a catastrophic loss collection, and then finally when I've exhausted that, I can invoke my FMLA rights. FMLA can run concurrently to other leaves but it does not have to if you have redundant coverage under other leave programs. For me, I didn't invoke my FMLA rights until 4 months into my maternity leave. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489875 Thu, 10 Mar 2016 10:15:12 +0000 Mrs. Lemon-Lime 2489875@https://boards.hellobee.com/ <p>FML is only good for 12 weeks, so yes it sounds right the employer is requiring the family member to return or resign. Often FML coincides with STD. </p> https://boards.hellobee.com/topic/is-this-legal-calling-lawyer-bees-or-anyone-with-fmla-experience#post-2489874 Thu, 10 Mar 2016 10:14:12 +0000 T.H.O.U. 2489874@https://boards.hellobee.com/ <p>Yea 12 weeks and thats about it. It doesn't sound like they are willing to bend or accommodate any further than they have to/already have. </p>