Medical Leave of Absence

Medical leave of absence.

Taking a medical leave of absence, you may need time off for cancer treatments.

Therefore, as soon as possible, you need to determine when to approach your H.R. department and when to tell your supervisor and how much to tell your supervisor of your impending treatment.

The Family and Medical leave Act of 1993.

FMLA, may be an option when you need to take time off for medical leave.

Even though you may be taking brief hospital stays or none at all, the side effects of your treatment may make it difficult or impossible for you to function in your job.

FMLA requires certain employers to grant medical leave when needed, such as after the birth of a child or adoption of a child, or when an employee or a close family member has a serious medical problem.

FMLA is designed to help you balance the demands of the workplace with your own health needs and the needs of your family.

In fact, the law also requires employers to reinstate you to your job, or an equivalent one upon your return to work.

You can find out more information about FMLA at the link below.

This is the US Department of Labor website.

Their website is very in-depth and it may take a lot of time to decipher it all.

I will give a high level view at the things you may find most helpful.

Not all employers are bound by this act and not all employers are covered by it.

The law applies to all public agencies and local schools, as well as the private employers who employ 50 or more workers, within a 75 mile radius of the employee's work site, and for at least 20 workweeks during the calendar year.

Employers who have fewer than 50 workers are not required to provide medical leave under FMLA.

Employees also have eligibility requirements.

To be an eligible employee, you must have worked for the employer for at least 12 months and logged in over 1250 hours during that previous 12 months.

For those employees that do qualify, they can take a total of 12 work weeks off leave during a 12 month period.

You can take this all at the same time or break it up into segments, which is called intermittent leave.

Intermittent leave has a benefit of allowing you to take the time needed for appointments, treatments and short recovery periods.

Many people also incorporate paid time off and or vacation time.

Employers are required to continue their insurance coverage as if you are still working.

Of course, you are still required to make the health insurance premiums even while on leave.

You are entitled to stop paying all other benefits while you're out on leave, including disability and life insurance, although they will remain in effect when you return from leave, you must be given your original job or one that is equivalent in pay and benefits and other conditions such as bonuses and accommodations.

Exceptions to this will apply if the result will cause serious economic injury to the employer's operation.

If you qualify for FMLA, it is an unpaid benefit unless your employer or state is more generous than the federal law requires.

There are five states that will pay employees out of temporary disability insurance programs for medical leave.

They are California, Hawaii, New Jersey, New York and Rhode Island.

An additional 23 or more states have introduced family Leave legislation.

To find out what's happening in your state, contact your State Department of Labor or go to this website.

Again, your employer is entitled to require you to take your vacation sick time and personal time while on FMLA leave.

Generally they require you to do that before you FMLA.

Again, provide your employer with advance knowledge of your needs.

A 30 day advance notice may be required if the need is foreseeable.

If it isn't, a verbal notice should be given one or two business days after learning you need to take medical leave is recommended under FMLA.

How to negotiate with a small employer?

If FMLA doesn't apply to the employer, meaning 50 or fewer employees, you can still try to negotiate a medical leave.

Here are some suggestions from the National Coalition for Cancer Survivorship on negotiating with a small employer.

Talk to your employer and arrive at an understanding of when you can work and always emphasize your ability to continue contributing to the company.

When you come to an agreement, get it in writing.

This will serve as a contract.

Stay positive.

There are some employers who are very understanding about the need for family and medical leave, even though they aren't covered by FMLA.

Be aware and knowledgeable of other protections.

Review your employment contract, Employment policy manual and other union benefits programs.

You may be provided some protection under the Americans with Disabilities Act or ADA.

You can go to the ADA homepage at this address.

Workers covered under the ADA can argue for medical leave as a reasonable accommodation.

For more information, about 88 reasonable accommodations follow this link.

How to fight back.

If you exercise all of the possibilities and still feel you are not getting what you are entitled to, try these measures.

Try and have an dialog with your employer in which you let them know you are aware of your rights and want to resolve the situation in a way that will satisfy all parties.

Ask your doctor or another health care provider to intercede with your employer, explaining the need for medical leave.

Usually that can be done by a phone call or letter, and your doctor will keep in mind HIPAA Privacy regulation.

Enlist the help of your coworkers.

They may need medical leave next.

If you need a lawyer, consult your local bar association or organization such as a national Employment Lawyers Association at this address.

The Patient Advocate Foundation can also be of assistance at this link.

Remember, there's a lot of information on the above reference websites.

Get familiar with your rights.