Work/Reasonable Accomodation

Reg2

Finished chemo/radiation in November and have been working now 6 months at company in NJ (been there 5 years). Work was great and let me stay out while I was on treatment. Now I've been getting flack from my boss because I have to go to the doctor every month for a Lupron shot and blood work. I also have reconstruction surgery at the end of May and will be out for a couple weeks for that. On top of that my son, age 16, has been having stomach issues so I've had to take a few hours off here and there to deal with his issue. I try to book appointments early or end of day so it isn't disruptive. I haven't formally asked for a reasonable accomodation for my oncology follow ups because I didn't think it was an issue until now. Any advice? Do others who are back to work ask for reasonable accomodation for follow-up appointments? Thank you.

vlnrph

No one deserves a boss like that. Perhaps you have an HR department which could help. I was part-time before & after diagnosis and treatment (took 4 months off) so could schedule things on my days off.

Were you able to use Family Medical Leave/FMLA previously? It should be available during your reconstruction if the company has more than 50 employees since you have been working there for more than a year: can also be taken in intervals, short segments as needed, up to 12 weeks annually.

Also have a look at the Cancer and Careers website. Hope that teenager's stomach feels better soon!

Reg2

Thanks for the reply. We are under 50 so I'm going to use PTO and short term disability. HR has been nice it's my boss that says she is on my side but wants me to stay under the radar so to speak about taking time off. It's a small office, everyone knows I was out because of cancer. And I come in early so I can leave on time. She gave me a hard time about leaving at 5 every day. No complaints about my work but it gives off a bad impression. There is a double standard, so many people come in late and I come in early so I can leave on time, which I told her. Guess it doesn't matter that I come in early. I'm going to look for another job once things settle after my surgery and I'm feelilng 100% (if you ever do).

LisaAlissa

Hi Reg2,

I had a boss (some years ago) who was in consistently at 4:30 or 5 am, and then left promptly at 5. He left messages on peoples seats all over the office showing the time he left the message. So the entire office was accustomed to coming in and finding that he was several hours ahead of us.

I'm not clear whether it is your boss that is the problem, or others in the office. But perhaps you could use a similar tactic so that everyone becomes aware that you are working while they are still "lolling at home." And perhaps coordinate with "whomever" in the office would be your ally on this.

HTH,

LisaAlissa

Reg2

Too funny, but I like it. I'll do some emails as soon as I arrive!

J1234

I would definitely have your doctor write you an accommodation for all appointments. You have protections under the Americans With Disabilities Act. Time off for doctors' visits are listed as a reasonable accommodation. I am so sorry you are being pressured about this!! I came back to work after being off for 9 months with a doctors' visit accommodation and a work limit of 40 hours per week. I am on my feet all day and after 8 hours pretty much can't walk due to neuropathy. I was truly surprised and disappointed in my company in their push back regarding the 40 hour cap, especially since I have been an employee for 20 years. It taught me to take nothing for granted and to make sure I get the documentation needed to protect myself as no one else is going to. Good luck!!

J1234

I would definitely have your doctor write you an accommodation for all appointments. You have protections under the Americans With Disabilities Act. Time off for doctors' visits are listed as a reasonable accommodation. I am so sorry you are being pressured about this!! I came back to work after being off for 9 months with a doctors' visit accommodation and a work limit of 40 hours per week. I am on my feet all day and after 8 hours pretty much can't walk due to neuropathy. I was truly surprised and disappointed in my company in their push back regarding the 40 hour cap, especially since I have been an employee for 20 years. It taught me to take nothing for granted and to make sure I get the documentation needed to protect myself as no one else is going to. Good luck!!

Mrsmcg

My boss refuses to flex my schedule! I have my pre-op appointment tomorrow and asked to come in 1 hour early, do I could get in a half day. She refused. HR backs her up even though our contract allows for flex schedules if approved by your supervisor.

Dla63

I am a medical professional, work in a hospital and they were very good to me while I was in chemo and through surgery. I came back to work then completed 37 radiation treatments working at the same time. My problem is now two years later I’m still tired and tamoxifen gives plenty of grief. I’m in good shape and I look completely healthy but my problem is we work 12-13 hours often without breaks. I only work part time however as many hospitals are these days we work harder because we have less staff and we’re expected to pick up as we don’t have enough people to fill all our shifts. I am exhausted. I’m getting pretty cranky at work. Most importantly I have lymphedema and need to be sure I drink plenty of liquids every day and exercise. This is fallen by the wayside and now I’ve had to go up in compression and add a sleeve at night as my arm is swelling and not coming back down. I have to work as my husband is self-employed I provide our insurance. I’ve been told I shouldn’t work more than six hours a day when I work but my boss says it’s not an option. Has anyone had this kind of an issue? I’m at a loss as to what to do.

Veeder14

Hi Dla63,

Sorry to hear you're having this issue at work. Are you hired as a Salaried employee, rather than hourly, is that why your employer is requiring you to work over 8 hours per day and with no breaks? If your hiring contract/letter indicates part time does it specify the maximum amount of hours per day/week? Is there a policy for mandatory overtime? What State are you in?

If you haven't formally (written) requested a reasonable accommodation I would do that first as then they know you are serious about this. (If your denied, you can appeal). You're going to need a physician to write exactly what accommodation you need. Just be sure it isn't too limiting so your employer says they can't accommodate you. You employer should have a policy regarding reasonable accommodations.

I've had to apply for several reasonable accommodations at previous jobs and it was quite a hassle but I finally won on all of them. Here's some resources for you.

https://www.nolo.com/legal-encyclopedia/free-books...

https://askjan.org/ Job Accommodation Network. They will help you over the phone.

Your Union if you have one

https://adata.org/learn-about-ada This is the Federal Law. Depending on what State you live in, you may have State laws that supercede the Federal ADA

Good luck and don't let your employer bully you. In my experience the HR's really try to get out of providing a reasonable accommodation anyway they can.