Finding out you have cancer is challenging enough without having to cope with leaving work early, informing your supervisor of your condition, or overcoming workplace prejudice. According to the National Cancer Institute, there are approximately 1.7 million new instances of cancer every year. Adults who are employed make up more than 40% of cancer patients.
As a cancer patient in California who is of working age, you are not alone. You are fortunately protected from disability discrimination by both state and federal legislation. Keep reading to learn more and then contact PLBH at (800) 435-7542 if you require legal assistance.
Federal laws against discrimination
Employers and coworkers are not allowed to discriminate against people with impairments under the Americans with Disabilities Act (ADA). Cancer is one of the medical illnesses that are covered under the ADA. Your employer cannot treat you differently because they know you have cancer or another serious condition, thanks to the ADA.
Additionally, it is illegal for an employer to treat you unfairly if you decide to take time from work to care for a loved one who has cancer. Numerous unethical behaviors can constitute discrimination, including:
- Wrongful termination
- Demotion
- Reduced pay
- Unjust schedule adjustments
- Paid time off infractions
- Refusal to employ
- Refusal to attend meetings
- Harassing or calling names
You have the right to submit a claim against the discriminator if your employer or another employee treats you unfairly because you have cancer. To file a formal complaint, visit Human Resources. Take your complaint to the Equal Employment Opportunity Commission if the business does not remedy the issue (EEOC). The EEOC will investigate and may fine your company for committing illegal discrimination.
Taking a leave of absence for illness
A medical leave of absence connected to your cancer diagnosis or treatment cannot be denied, and your employer cannot take adverse action against you for doing so. Up to 12 weeks of unpaid medical leave per year are guaranteed by the Family and Medical Leave Act (FMLA) without the worry of reprisal or job loss.
All U.S. businesses must provide this unpaid leave and continue the employee’s health coverage while the employee is away under the FMLA. Without risking your work, you have the right to ask for up to 12 weeks off for medical reasons associated with your cancer treatment.
Additionally, your family members have the right to ask for medical leave under the California Family Rights Act (CFRA). Your parent, spouse, sibling, grandparent, or domestic partner may ask for time off work and receive compensation while taking care of you. Although the CFRA does not ensure job security, it does offer cash advantages to support your family during this trying period. Some members of the family may be able to take time off without losing money.
Similar to the FMLA, the CFRA mandates that businesses give covered employees up to 12 weeks of paid or unpaid leave annually, provided that the employer employs at least 50 employees. Both you, the cancer patient, and your family members who will take care of you must be granted this leave by your employer. Again, if you exercise your rights and request or take this leave of absence, your employer cannot terminate you for doing so.
How to be eligible for disability insurance
Your cancer struggle may have rendered you temporarily or permanently unable to work. You may be eligible for disability insurance as a result, either through the state of California’s program or the federal Social Security system. Through the state’s temporary disability compensation program, qualified workers can receive up to 60–70% of their typical hourly pay. Employees who are temporarily unable to work due to a disease, condition, or injury are considered eligible employees.
If cancer is aggressive, recurrent, or terminal, it is also a condition that qualifies for Social Security Disability benefits. If your cancer’s side effects make it impossible for you to work, you might be eligible for recurring benefits from the Social Security Administration. Depending on your circumstances, you might receive benefits for at least three years that would cover medical expenses in addition to a portion of your typical monthly salary.
You can contact PLBH at (800) 435-7542 with questions about employment law and to work with an attorney who can fight for your rights.