Legal Question / Employer Issue

aeknapp

Legal Question / Employer Issue

aeknapp

My friend was diagnosed with breast cancer last week and at best she will need a mastecomy, but we are still waiting on the doctor's opinion for radiation/chemotherapy. Her employer has asked her to hold off on treatments until August because the industry's "busy season" occurs between now and about Labor Day.  Is it legal for them to ask her to do this? (She currently works in one of their FL office, while the headquarters is in Alabama.) Are they allowed to ask an employee using the company's health insurance to hold off on treatment for several months because it would fit into their schedule better? Also, if this is indeed illegal where can I find the text advising that?

redsox

If your friend is covered by the Family and Medical Leave Act (FMLA), that should provide protection for her to take time off for treatment of a serious medical condition.  You can search the web for general rules, but she has to have worked for the company at least a year and at least some (?) number of hours and the company has to have at least some (?) number of employees.  If the company has an HR department she could ask for policy statements and forms for FMLA. Laws regarding disabilities also may be applicable. She may need to consult a lawyer -- perhaps legal aid if she cannot afford one.  A strong letter from a lawyer could be enough to get appropriate protection.

Regardless of the stage or other characteristics of the cancer a delay of 3-4 months is almost always unacceptable.  How do any companies even think this way?  Did they hear it was breast cancer? 

Joyce4123

The employee must be employed for 12 months and the employer must have I believe 25 employees.  It is then FEDERAL law that the employee be given 12 weeks of unpaid (or paid if they offer it) leave due to their own illness.  It is called the Family and Medical Leave Act.