# Need Lawyer's Opinion **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [November 11, 2005, 12:24am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492 "2005-11-11T00:24:00Z")\ **Posts on this page:** 18\ **Page:** 1
**Author:** ![OhFace](https://avatars.discourse-cdn.com/v4/letter/o/ecccb3/32.png) [@OhFace](https://boards.straightdope.com/u/OhFace)\ **Post date:** [November 11, 2005, 12:24am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/1 "2005-11-11T00:24:00Z")
Thank you in advance to anyone who can help me figure out if there are any legal issues with this situation, and how to handle it. Here’s the scenario. My sister is 7 months pregnant and intends to work until she has her baby. Her company does not offer maternity leave, so she must use all of her accumulated sick and vacation time for her maternity leave. A month or so ago my sister’s doctor gave her a note saying that she is not allowed to be on her feet for more than four hours a day because she is retaining too much water and it can cause complications if she does. Yesterday her company fired the girl that worked in the fax room and told my sister that she had to take her place because they are not hiring anyone else (she normally works in data entry). She brought up the note and agreed to work in the fax room part of the day, but explained that she is not capable of doing it all day. To work in the fax room she would have to monitor three fax machines all day and distribute the faxes as they come through, which is at a constant pace. Her boss (and owner of the company) accused her note of being fake and told her to get another one since she had a doctor’s appointment the following day. So my sister gets another, more detailed, note as requested by her boss, and when she gives it to him today he tells her it is unacceptable. He says that she is not needed if she cannot work the faxes all day. He calls her into his office right before she had to leave to go home and told her that he thinks she is just trying to get out of working in the fax room because she doesn’t want to do it, and that she has to make a choice: “either work there with a smile on your face and no complaints, or take your maternity leave now.” He also happened to know that she only has 21 days to take so he was ready to inform her of that, knowing she isn’t even due until late January. He demanded an answer immediately, and she told him that she will not answer until she talks to both her husband and her doctor. She also let him know that she will follow her doctor’s orders, and will not do anything that may put her baby in jeapoardy. She now has until tomorrow to let him know. She is so upset about this. Just hearing her tell me about it made me furious! What a heartless bastard! I don’t know if she has any kind of case in this, but I thought I’d ask your opinions. I plan on also contacting some lawyers tomorrow to see what they say. I just thought it’d be nice to have the views of the Dope also. Thank you. ---
**Author:** ![YaWanna](https://avatars.discourse-cdn.com/v4/letter/y/bbce88/32.png) [@YaWanna](https://boards.straightdope.com/u/YaWanna)\ **Post date:** [November 11, 2005, 12:31am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/2 "2005-11-11T00:31:53Z")
I’d say ask a lawyer, and/or call your state labor division. ---
**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\ **Post date:** [November 11, 2005, 12:42am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/3 "2005-11-11T00:42:20Z")
I wouldn’t care what the laws were. I don’t think I could work for an asshole like that. Let him fire her. She can collect unemployment. ---
**Author:** ![OhFace](https://avatars.discourse-cdn.com/v4/letter/o/ecccb3/32.png) [@OhFace](https://boards.straightdope.com/u/OhFace)\ **Post date:** [November 11, 2005, 1:44am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/4 "2005-11-11T01:44:39Z")
> [@Kalhoun](#): > > I wouldn’t care what the laws were. I don’t think I could work for an asshole like that. Let him fire her. She can collect unemployment. That’s the problem, they won’t fire her. They’re just pushing her to take her maternity leave early, knowing that she only has a month’s worth of days saved up. After that she’ll have to deal with no pay at all until the baby comes, and however long after she needs. ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [November 11, 2005, 1:51am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/5 "2005-11-11T01:51:32Z")
Document, document, document, and hire a lawyer ASAP. ---
**Author:** ![EnderWay](https://avatars.discourse-cdn.com/v4/letter/e/d26b3c/32.png) [@EnderWay](https://boards.straightdope.com/u/EnderWay)\ **Post date:** [November 11, 2005, 2:08am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/6 "2005-11-11T02:08:21Z")
First, agree with **Kalhoun**. Second, her rights… Depends, hopefully she is a full time employee that has worked there a year, and it’s not too small of a company From the Federal Family Medical Leave Act of 1993 > [@](#): > > Men and women are entitled equally to this leave, but not every worker is qualified. A person must be a full-time government employee, or employee of a company with 50 or more employees who has worked for the company at least 12 months and at least 1,250 hours during the 12 months immediately prior to taking leave. Under most circumstances, an employee may elect or the employer may require the use of accrued paid leave for periods of unpaid leave under the FMLA. Here’s a link to Florida’s Employmet Laws. Go to the Famliy Medical Leave Act section. This particular law is a federal one. [Linky](http://www.weblocator.com/attorney/fl/law/empmgm.html#180) ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [November 11, 2005, 2:18am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/7 "2005-11-11T02:18:20Z")
She needs to call up The Department of Labor, Social Services for organizations to help pregnaut women, and a lawyer. It’s very apparent the guy is trying to get her to quit. People are allowed to take of a set ammont of time for medical reasons by law . The employer isn’t required to pay her, but they do have to keep her benefits active for that time. Some states have laws expanding on how a pregnant person is handled with requards to time off. The hospitals may also know of organizations that can help her with the legalities of this work places. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [November 11, 2005, 2:22am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/8 "2005-11-11T02:22:30Z")
> [@](#): > > **Pregnancy and Maternity Leave** > > An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. However, if an employer requires its employees to submit a doctor’s statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements. > > If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same. > > Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth. > > Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave. Source: [http://www.eeoc.gov/types/pregnancy.html](http://www.eeoc.gov/types/pregnancy.html) Contact your state DOL now! ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [November 11, 2005, 2:26am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/9 "2005-11-11T02:26:20Z")
> [@OhFace](#): > > That’s the problem, they won’t fire her. She might still collect unemployment if she can show that she quit the job for cause. Different states would have different rules. ---
**Author:** ![OhFace](https://avatars.discourse-cdn.com/v4/letter/o/ecccb3/32.png) [@OhFace](https://boards.straightdope.com/u/OhFace)\ **Post date:** [November 11, 2005, 2:41am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/10 "2005-11-11T02:41:06Z")
Thank you so much everyone! She is in Illinois. She called her doctor tonight and the docotor was furious. The doctor said she will document everything for her, and told her to document what he has been saying to her because it sounds like harrassment. She told her to tell him she will work, but to keep track of how swollen she gets and any problems she has, and to call a lawyer tomorrow. My sister’s monther-in-law works at a law firm so they’re going to talk to her about it. Hopefully this asshole will get what is coming to him! ---
**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\ **Post date:** [November 11, 2005, 6:31am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/11 "2005-11-11T06:31:55Z")
They’re going to talk to talk to her “sister’s mother-in-law [who] works at a law firm” for legal advice? Sigh. ---
**Author:** ![DMark](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@DMark](https://boards.straightdope.com/u/DMark)\ **Post date:** [November 11, 2005, 6:45am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/12 "2005-11-11T06:45:11Z")
> [@Random](#): > > They’re going to talk to talk to her “sister’s mother-in-law [who] works at a law firm” for legal advice? Sigh. Not so stupid. All lawyers have to do some pro bono work and you might as well use any “in” you can get, and my guess is they would be willing to take her case. Much better than standing in line to get a public defender. Sounds to me like she has a case, but I agree with **muffin** …document, document, document. Paper trails are very important in cases like this, so it doesn’t turn into he said/she said, or a case of incompetent or belligerent employee. But the lawyer will explain that all to her. Oh, and I too would quit working for the jerk once she has had the baby and has a chance to look for a better working environment. ---
**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\ **Post date:** [November 11, 2005, 7:35am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/13 "2005-11-11T07:35:22Z")
> [@DMark](#): > > Much better than standing in line to get a public defender. Well, yes. That would be true in this case. ---
**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\ **Post date:** [November 11, 2005, 10:16am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/14 "2005-11-11T10:16:25Z")
> [@OhFace](#): > > That’s the problem, they won’t fire her. They’re just pushing her to take her maternity leave early, knowing that she only has a month’s worth of days saved up. After that she’ll have to deal with no pay at all until the baby comes, and however long after she needs. I’m not a lawyer or anything, but disability and maternity leave (even if the disability is pregnancy-related) are two different things, aren’t they? Maternity leave would exclude all this pre-birth swelling, etc. ---
**Author:** ![Campion](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@Campion](https://boards.straightdope.com/u/Campion)\ **Post date:** [November 11, 2005, 2:39pm UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/15 "2005-11-11T14:39:46Z")
> [@Random](#): > > Well, yes. That would be true in this case. Damn you! You almost made me spit out my coffee! ---
**Author:** ![OhFace](https://avatars.discourse-cdn.com/v4/letter/o/ecccb3/32.png) [@OhFace](https://boards.straightdope.com/u/OhFace)\ **Post date:** [November 11, 2005, 3:15pm UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/16 "2005-11-11T15:15:48Z")
Her mother-in-law is a legal secretary. They’re going to talk to her so she will find out if one of the lawyers in her office will take the case. Sorry for the misunderstanding, lol. ---
**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\ **Post date:** [November 12, 2005, 7:08am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/17 "2005-11-12T07:08:31Z")
> [@Campion](#): > > Damn you! You almost made me spit out my coffee! My audience is small, but impressive. ---
**Author:** ![SnakesCatLady](https://avatars.discourse-cdn.com/v4/letter/s/4af34b/32.png) [@SnakesCatLady](https://boards.straightdope.com/u/SnakesCatLady)\ **Post date:** [November 12, 2005, 7:39am UTC](https://boards.straightdope.com/t/need-lawyers-opinion/330492/18 "2005-11-12T07:39:23Z")
I didn’t have anything to add to this thread, but the more I thought about it: does she really want to continue working for this jerk? What happens if her baby gets sick? I think she would be better off using what time she can to look for another job, or cut back expenses a bit so she can stay home with the baby at first. The guy sounds like a real jerk, and if she has to take time off because of the baby he will make her (job) life miserable. [hijack] There was an article in the paper here (Columbus, GA) recently about a woman who had been working with a certain bank for 50+ years. When she started she had to sign a statement that she would never ask time off work because her children were ill. [/hijack]