Intermittent FMLA for Doc Appointments after treatment?

I'm not sure how that works with the company you work for, but I worked for a large company and to use FMLA it was treated as a leave of absence, the same rules applied to it as to a non FMLA leave. Such as, when I started a leave, paperwork had to be filled out by myself and the Drs office stating what day I would be starting the leave and then paperwork by both me and the Drs office had to be completed again to be able to return to work. I was pulled from the active employee file during the leave and then reinstated when the return to work paperwork was completed and approved. At my work I would have had to take weeks or months off at a time to use a loa. I don't know if that is the law or just the way they did business, of course they were a horrible company to work for and didn't do anything for their employees that wasn't required by law to do. Hope yours is better. If you have a human resources dept I would ask them.

copy this URL from the EEOC and read it through.

www.eeoc.gov/policy/docs/accoodation.html

The EEOC states that individuals who have had cancer and are in remission are covered considered disabled and covered by the Americans With Disability Act and your employer must provide reasonable accomodations for you (such as altering your work schedule to accomodate your cancer related doctor appointments) unless it poses an undue hardship on your employer.  Sounds like you are able to perform the essential functions of your job and are able to do make up time but you just need some flexiblity in your schedule.  Your employer would have to prove why that accomodation would be an undue hardship to the business.

The website also addresses how FMLA and ADA work together. Good luck, read up and know your rights!

Jill 

pebee - did you use FMLA during your active treatment phase?  If you exhausted your FMLA allotment for the year (12 weeks, I believe) you have to wait a year before using it again.  If the year between has elapsed and you have earned the right for another 12 weeks of FMLA you should be able to use intermittent FMLA as long as your physicians are willing to sign the forms that state that you need this time off.  As far as the ADA accomodation goes, it can be problematic - does your company have to provide someone to do your work when you are gone?  If so, they can consider this to be an undue hardship.  If you are making up the work you missed, then there may not be an undue hardship unless they can claim a loss of income for the company due to your absence.  ADA is kind of a case-by-case thing and there are a number of ways for employers to squeak out of the accomodation.

To clarify, every 3 months you miss an average of 4 hours per week for 3 weeks?  Or is it 12 hours per week for 3 weeks out of every 3 month period?

At best, you're looking at 10% of the time, you are not there during regular business hours.  Since we have no idea what you do, the size of your office, your job responsibilities, etc., there's no way to determine whether the way your boss is acting is reasonable or not, and whether working late will be a reasonable solution or not. 

It's not a black and white question.

That sounds like a reasonable accommodation, and I can't imagine them having a problem with that. It sounds like they're making more accommodations for your boss, if anything... 

(I'm not saying this, but have you tried "checking in" with your cell phone while you actually are in the office?)  LOL  Acutally that 90 minute window gives you teeny break on your timing ...

It sounds like everything is really local for you.  Can any of your doctors work with you and see you earlier than 9AM?