Taking a 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 HR 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 video. This is at the US Department of Labor website. Their website is very in-depth and it may take a lot of time to decipher it.

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

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

The law applies to all public agencies and local schools, as well as private employers who employ 50 or more workers within a 75-mile radius of the employee's worksite, 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 1,250 hours during the previous 12 months.

For those employees that do not qualify, they can take a total of 12 work weeks of leave during a 12-month period. You can take this all at the same time, or break it up into segments which are called intermittent leave.

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

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

Employers are required to continue insurance coverage as if you were 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 rule apply if the result would cause serious economic injury to the employer's operations.

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

There are five states that pay employees out of a temporary disability insurance program 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's Department of Labor or go to this website. You can find the link below this video.

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 access FMLA.

Again, provide your employer with advance knowledge of your need for medical leave. A 30-day advance notice may be required if the need is foreseeable. If it isn't, a verbal notice should be given 1 or 2 business days after learning.

You need to take medical leave as recommended under FMLA.

Now, how to negotiate with a small employer if FMLA does not apply to your employer, meaning 50 or fewer employees, you can still try to negotiate your medical leave.

Here are some suggestions from the National Coalition of 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 about protections. Review your employment contract, employment policy manual, or other union benefits program.

You may be provided some protection under the Americans with Disabilities Act (ADA), if the medical condition evolves into a disability, you can go to the ADA homepage at this link.

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

This article has more information about ADA and reasonable accommodations.

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 to have an open 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 healthcare provider to intercede with your employer, explaining the need for medical leave. Usually, that could be done by a phone call or letters, and your doctors will keep in mind HIPAA privacy regulations.

Enlist the help of your coworkers. They may need the medical leave next. If you need a lawyer, consult your local bar association or organization, such as the National Employment Lawyers Association or a Patient Advocate Foundation.

Remember, there's a lot of information at the above-referenced websites and that all of the resources mentioned are listed below this video.

Get familiar with your rights.