Facing a breast cancer diagnosis is already an overwhelming experience, but the thought of losing your job because of it can add a significant emotional and financial burden. Many survivors worry about how their employers will react and whether they’ll be able to maintain their livelihoods. This blog aims to shed light on this challenging topic by discussing your rights, sharing personal stories, and providing actionable advice for those dealing with similar situations.
Understanding Your Rights
When diagnosed with breast cancer, it’s vital to understand your legal rights as an employee. Laws such as the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and various state disability laws are in place to protect you.
FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, which includes cancer. This enables you to take necessary time off for treatment or recovery without the fear of losing your job.
ADA prohibits discrimination against individuals with disabilities, which can encompass cancer. It requires employers to provide reasonable accommodations, such as modified work schedules or time for medical appointments, unless doing so would cause significant hardship to the business.
Despite these protections, there have been instances where employers have cited false reasons for termination following an employee’s breast cancer diagnosis. Understanding your rights is crucial in safeguarding your employment and taking action if discrimination occurs.
Navigating the Conversation
Discussing a breast cancer diagnosis with your employer can be daunting. However, open communication is essential for ensuring you receive the necessary support and accommodations.
Before initiating the conversation, prepare yourself by understanding what accommodations you may need, such as flexible hours or remote work options. Document everything—emails, conversations, and any agreements reached.
During the conversation, emphasize your commitment to your role and desire to continue contributing to the team. Be clear and concise about your needs, and work collaboratively to find a solution that benefits both parties.
It’s important to remain informed about your company’s policies regarding medical leave and accommodations. By approaching the discussion professionally and proactively, you’re more likely to receive the support you need.
Financial Resources
The financial strain of breast cancer treatment can be overwhelming, especially if your employment is impacted. Fortunately, several resources are available to help alleviate this burden.
Disability Benefits can offer financial support if you’re unable to work due to your diagnosis. Both short-term and long-term options may be available through your employer or government programs like Social Security Disability Insurance.
Insurance Coverage should be reviewed to ensure you’re receiving all benefits to which you’re entitled. Some insurance plans offer coverage for specific treatments, support services, or even transportation to medical appointments.
Additionally, community resources such as nonprofit organizations and cancer support groups can provide financial assistance, counseling, and other essential services during this challenging time.
Personal Stories
Real-life experiences of breast cancer survivors highlight the challenges and triumphs faced when dealing with job loss due to a diagnosis.
Kara Jorud was a store manager at Michaels when she was fired after being diagnosed with breast cancer. Despite the company’s claims of policy violations, a jury found that her rights under FMLA, the Florida Civil Rights Act, and ADA were violated. Michaels was ordered to pay more than $8 million in damages for wrongful termination.
Imelda Tamayo faced a similar situation when she was terminated from Oakland Children’s Hospital after requesting extended medical leave for recovery. The hospital eventually settled for $300,000 and revised its policies to better accommodate employees with medical conditions.
Megan Rizzo-Canny shared her fight against wrongful termination during breast cancer treatment. After being laid off, she pursued legal action and was able to secure disability benefits and maintain her health insurance, proving that standing up for one’s rights can lead to positive outcomes.
Linda O’Brien, another survivor, won millions in a discrimination suit after being wrongfully fired. Her story is a powerful reminder of the importance of advocating for oneself and the impact of legal protections.
Conclusion
While losing a job after a breast cancer diagnosis is a difficult and emotional experience, understanding your rights and seeking the necessary support can make a significant difference. Remember that you’re not alone—many have successfully navigated this challenging path.
If you face discrimination or wrongful termination, consider contacting an experienced employment lawyer to protect your rights. Connecting with support groups and tapping into available resources can also provide invaluable assistance.
Ultimately, your health and well-being should remain a top priority. By staying informed and advocating for yourself, you can move forward with strength and resilience, knowing that brighter days lie ahead.