Treatment & Sick Leave - Ethics Question
The way sick leave works at my company is that you're allotted a certain number of weeks that you draw from if you're sick. If you return to work for more than one week, your allottment returns to full capacity. If you use up your full capacity of sick leave, you're moved to long-term disability. Sick leave pays your salary at 100%, long-term disability at 2/3.
I am between surgery and radiation. I plan to go back to go back to work for the first week of January, before I start radiation, as I'm doing quite well and think I could be productive for the week. This would 'reset' my sick leave allottment to its full capacity and would give me some peace of mind financially in case I don't react well to radiation and need more time to recover than I think (i.e., I would keep my full salary for longer).
Question: is it unethical to return to work for one week between surgery and radiation so that my sick leave resets to full capacity? I'd love to hear your thoughts on this as I have a conversation with my boss tomorrow morning to discuss!
Thanks!
Comments
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I don't think it is unethical. You are following the policy as it is written.
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Also... I think you wil find you can work and do most of the rads...
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Thats a pretty amazing policy! I understand your delema, it seems somehow like you are scamming the system to return to work just to reset your sick leave, but I don't think thats the case. If you feel like you can be productive and actually help, then its a bonus that your time gets reset. You never know. You may end up feeling up to working during part of your rads. I have heard of moms with young kids working through tough chemo treatments!
Whatever you decide, I hope that you have a happy holiday!
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ZTeam, most women find the SEs of rads to be cumulative - in other words, as time goes by they get more SEs. So you could return to work before rads and continue at least for the first few weeks of treatment before going out on sick leave again. There are also women who work all through rads. You won't know how you will react until it happens.
I suggest you tell your boss you'll return to work in Jan but don't know if you'll need sick leave again, since that's the reality of the situation.
Best of luck with rads.
Leah
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ZT, what you are doing sounds very ethical to me. You are returning to work for a week when you are fully able to work....that's what one is supposed to do. Good luck with rads
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Thanks for your responses. I spoke to my manager and she seems ok with it now, but it's all become moot as my treatment has been moved up a week, so I'm no longer going back to work for the week.
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Honestly it may be the policy but I might not be comfortable using the full amount of leave after the "reset."
I worked through rads. For most of it, I did take a couple of hours off each day--so left earlier than I would have. Because the SEs are cummulative, I did take more time off at the end. You might want to consider scheduling something like this and then you will not be burning on your leave or feeling uncomfortable. -
I didn't miss a day of work while taking rads tx. I teach school and honestly did not have any trouble working throughout my 30 treatments. Good luck to you.
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I don't think it is unethical. I went out on STD when I had my BMX last January. I stayed out until I was done with chemo. Then I went back for 3 weeks and then went out again for my exchange surgery for reconstruction. I have worked hard all my life and have only been out on STD for issues with pregnancy and for a car accident. I wanted the focus to be on me getting better than on a stressful job. Take care of yourself! I was lucky to have good STD insurance through my employer.
Good luck!
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ZTeam, I think you can still salvage this thing, despite your rads being moved up. As for the ethics, if the company had problems with the sort of thing you're doing, they would rewrite the policy. What I would suggest, and I fully understand your needs on the radiation thing, is I would TRY to get a reasonable time to go into rads, like at the end of the workday or even before it starts or maybe at lunch, with end of day the best choice. Sometimes you cannot get a good rads time, so that would end the whole effort right there. But if you can get an end-of-day time, then I think I would talk to the supervisor and tell them you've talked to some friends who have been thru cancer and rads, and that you might be able to go ahead and try to work the first three weeks of January. This is because, as the others have said, nearly all people do very well with rads in the beginning. It is actually the last two or three weeks (of six weeks of rads) that they begin to affect your comfort zone, AND in fact, when rads are done, you will find you need at least one week and more likely two, just to get over the whole thing, becuz the rads keep on burning. That's my two cents anyway. I hope things will work out for you financially in the end, whichever way you have to go with this. I SO sympathize with your dilemma. GG
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You may not need to miss work during radiation treatments. My treatment time was after work and I did not miss any work during the 33 treatments. I did get tired and uncomfortable toward the end of the seven weeks, but I managed by not placing many extra demands on myself and going to bed a little earlier than usual. Wishing you the best!
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"As for the ethics, if the company had problems with the sort of thing you're doing, they would rewrite the policy."
I think this is an excellent point by dogeyed.
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I have a similar policy and was troubled by similar concerns but managed to reconcile them.
Nobody had put me ON sick leave after my lumpectomy (part of my workload was reassigned; the rest they just deemed deferrable. Yup, made me feel really valued.) Those arrangements were made by my director. I had completed the paperwork to allow employer's physician to speak with my surgeon, but HR dropped this ball when the person quit. So thinking everything was handled and no news was good news, I carried on doing all of the non-reassigned work, in fact working at or above the contractually "full time" hours on a modified work program throughout, i.e., in NO week was I under the contractual weekly hours, although I worked in bed quite a bit to start. For 2 or 3 weeks, I returned entirely live and in person to the office, but those duties continued to be reassigned for continuity purposes (think school term). Nobody asked me for any doctor's note, because of course nobody knew I was "off".
Then I got my path report and demanded a mastectomy and the surgeon booked the date. Told director, who arranged to extend the replacement duty thing. Likewise was back working immediately initially from bed and putting in full time hours.
As I was recovering from that, one day, I got an email from HR saying "please fill in the forms for LTD" and I said "what?? I have worked full time hours as I was told to "do whatever I can, don't worry about it", and by the way, I was BACK and available to work for two weeks before leaving for mastectomy." I guess my department had just got around to asking when they could be credited for the cost of my replacement, or something, and because of their employee quitting and not telling anyone about my file, HR said "what sick employee??" Union got involved and much acrimony ensued. Long story short, I insisted that they consider me only fractionally sick during all the time I was off, and they agreed but they would not retroactively fix their error in considering me "off" between surgeries or back when I was back, or indeed at any point prior to the date of the doctor's letter permitting me to work which included several weeks while we argued about this whole thing and tried to wake the slumbering surgeon to get the return to work okayed.
My big concern was that I knew that I would have another mastectomy and reconstruction and I was worried about them chewing through my sick days with administrative incompetence. However they assured me the clock would reset for my next incident, even if it was BC related. As I was not at that point out of pocket at all, and this was making me sicker than any of the treatment, I let it go. In fact, the grief they gave me was one major factor in making me lose my concern with minimizing my medical footprint on operations. I could not be more compassionate with them than they were with me. That was my ethical line in the sand.
So I am with those who say the company could have made the policy different and they didn't. t might have been intentionally negotiated to be the way that it is.
I felt that BC was one "sickness" and all the related treatments would be connected and that was largely what was getting me most exercised about the whole mismanagement of my file. However, HR explicitly said it is not per diagnosis or disease. It is per disabling condition. It is the mastectomy which disables me from work, not the breast cancer. A second mastectomy is a second, separate disabling condition. Likewise, radiation disables you separately from surgery. Don't trouble yourself about it -- it's what they intend. Give thanks to those who negotiated your contract too. I do appreciate those who did mine. It's a compassionate plan (just made hamhanded in the implementation.)
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Hi Everyone,
Thanks so much for all your responses.
Happy Holidays,
Lisa
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Like others, I have the feeling you will not need sick leave at the beginning of radiation. I took one day off toward the end due to fatigue. Best wishes!
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your lucky to have a company or state that pays, you can take FMLA in the United States it is a federal law ( family medical leave act) for up to 12 week and they most hold your job after the 12 weeks you can be let go.. Good Luck
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