Employer Being Difficult

Bar65
Bar65 Member Posts: 20
edited June 2014 in DCIS (Ductal Carcinoma In Situ)

I'm not sure if any of you can help me, but I will be meeting with an oncologist to discuss the whole radiation thing.  I was told by my sugeon 6 weeks, M-F, same time of day.  Anyways, my employer has changed my work hours (starting later, ending later) at the same time my radiation is supposed to start.  I have explained to him several times about the radiation.  He is questioning me about the radiation because he can't handle me being out of the office and possibly have to leave early every day (I have plenty of sick time).  Are there any laws protecting me where I don't have to tell him anything?  I am at the point I don't want to discuss this with him because he has been very difficult since I've been diagnosed.  As if I don't have enough stress, he is adding to it beyond measure.

 Thanks for your help.

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  • Anonymous
    Anonymous Member Posts: 1,376
    edited June 2012

    Bar65- Yes, you are covered under the Americans with Disabilities Act (ADA).  It specifically says that accomodations have to be made for your cancer treatments and side effects.  I'll try to post a link to a government site that explains it pretty well.  Good luck with your radiation treatments.

    http://www.eeoc.gov/facts/cancer.html 

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  • redsox
    redsox Member Posts: 523
    edited June 2012

    If you qualify for FMLA you are entitled to claim intermittent FMLA which lets you take time for treatments and work less than a full day. 

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  • reesie
    reesie Member Posts: 2,078
    edited June 2012

    You want to note that the ADA rule states that you still must be able to do your job with the accommodations. So if you are required to be there at a certain time (liie when the business is open) to do your job, they can let you go because you aren't meeting this requirement. If they can adjust your hours so you can still do your job, then they have too.



    For FMLA to apply the employer needs to employ more than 50 people and you have to have worked for them for a minimum of twelve months (and put in a certain number of hours in the past year (I think it's 1250).

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  • reesie
    reesie Member Posts: 2,078
    edited June 2012

    Note that you will have to disclose your reasons for ADA/FMLA to whoever handles HR. It's part of the FMLA paperwork. But it can just be stated as a "medical condition". It does not have to be more specific. That person is NOT allowed to disclose anything to anyone else - even the owner/your supervisor/etc - without your express permission (HIPAA).



    Unfortunately, sometimes the person who handles HR is the person we don't want to discuss these issues with.

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  • Bar65
    Bar65 Member Posts: 20
    edited June 2012

    I applied for FMLA before my lumpectomy.  Do I need to reapply or does that paperwork cover it?

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  • reesie
    reesie Member Posts: 2,078
    edited June 2012

    The paperwork covers a medical condition for one year (the employer can then request recertification). It depends on what the paperwork said when your doctor completed it - did he include all the follow up care or just the lx surgery? You might need to update the info based on that.

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  • Megadotz
    Megadotz Member Posts: 302
    edited June 2012

    Check with your HR person.   I just needed a note on doctor's stationary or prescription form to update the FMLA  for radiation treatment  and flexible hours for post treatment fatigue.

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  • 3monstmama
    3monstmama Member Posts: 1,447
    edited June 2012

    so sorry you have the additional stress.  yes generally you go at the same time each day but thats often done as convienence--you don't blow up if you go mornings one week and evenings the next.  my zap facility was able to modify my treatment time based on schedule--theirs and mine as I was using a particular machine and well, I was NOT the only person needing to use it.  I seem to recall we went week by week.  I often used my lunch hour as my time to go to zaps--it was more than enough time to do the deed and get back.

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  • proudtospin
    proudtospin Member Posts: 5,972
    edited June 2012

    My treatment center asked me at the start what time I wanted, I was too dumb at the time so said, whatever works for you

    later, we had a talk and since I am an early bird, I did mine first thing morning. Then went into work.  It worked for me in that if I felt punkie, I would leave early but..

    I had a terrific and understanding boss who was just great, I got lucky as with a really small company & FMLA does not apply nor does all those other niftie support things,

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  • Maghery721
    Maghery721 Member Posts: 68
    edited June 2012

    Can you change your rad appt time so that it does not conflict with work? Or what about doing your appt on your lunch hour? Not sure if work is close to radiation place for you.

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  • proudtospin
    proudtospin Member Posts: 5,972
    edited June 2012

    actually, I chose my rad center as it was very close to the office, it just so happened that it was a really good center but it sure made thing easier in my life

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