Have Legal Questions? Ask a Lawyer Now.
Dear Perrinton, Michigan:
Since your employer has that many people, your employer has to comply with the Family Medical Leave Act (FMLA), which is here: http://www.dol.gov/esa/whd/fmla/. Your employer also cannot discriminate based on your disability -- or what it perceives as your disability -- under the Americans with Disabilities Act (ADA), which is here: http://www.ada.gov/.
If your employer does terminate you anyway, you are going to be entitled to insurance benefits under COBRA, which is here: http://www.dol.gov/dol/topic/health-plans/cobra.htm.
Family Medical Leave Act. Under the FMLA, you are entitled to take up to twelve weeks of unpaid leave a year to take care of your own illness, or that of a close family member. You have to have worked more than 1,250 hours the previous year to be eligible. Your employer may ask you to provide a doctor's certification.
You can take leave intermittently (for example, a day here or a day there) to accommodate your chemotherapy schedule. Here is a description of intermittent leave under the FMLA: http://www.dol.gov/dol/allcfr/esa/Title_29/Part_825/29CFR825.203.htm.
The Equal Employment Opportunity Commission (EEOC) can take and investigate complaints of violations of the FMLA. Here is their website: http://www.eeoc.gov/.
Americans with Disabilities Act (ADA). Under the ADA, "An individual with a disability is a person who
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
The reason I asked about your prognosis is that in the case of skin cancer, if there is a full recovery, then the recovered patient wouldn't be considered permanently disabled (unless excising the cancer and lymph nodes caused other damage). Someone who is going to have to continue chemotherapy for the foreseeable future would be considered disabled. No matter what the case, as the ADA shows, if the employer just thinks the employee is disabled, the ADA applies.
The Equal Employment Opportunity Commission (EEOC) can take and investigate complaints of violations of the ADA. Here is their website: http://www.eeoc.gov/.
Continued Employment in Light of FMLA and ADA
The FMLA and ADA give an employee the same rights -- not greater rights -- than a non-disabled employee has to employment. For example, that means that an employee who would normally be laid off, perhaps because the company is downsizing and all employees who had been with the company less than a year were being let go, could be laid off even if they were on FMLA leave or were protected by the ADA.
However, if the employee who is going to be laid off is going to be terminated because of excessive absenteeism when the employee should have been given FMLA leave (but wasn't), that would violate the FMLA. If the employee should have been given a reduced work schedule -- and it would not harm the interests of an employer (say, for example, someone else could work the other half of a shift), then the employer who fails to reasonably accommodate would be violating the ADA.
If You Are Terminated Anyway.
If you are terminated anyway, your employer is required to allow you to take insurance benefits with you under COBRA. You will have 18 months of coverage after your termination -- but you will have to pay insurance premiums, which can be pretty high.
I'm sorry you are in this situation. I hope the information I have provided gives you confidence to talk to your employer tomorrow. Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).