Monday, November 29, 2010
To work or not to work .... that is the question.....
Hearing that you have cancer, can be hard enough to swallow, but thinking about what to do next in terms of your every day life can be a challenge. If you are anything like Andrew, who is a work-a-holic, it will be hard for you to stomach the fact that you may not be able to continue to work full-time or at all during your treatment. Every person is different and each family has to take the time to figure out their own financial situation before making any rash decisions that may alter their lives forever.
Once you have a firm diagnosis, you should take the time to sit down with your human resources representative to fully understand what options are available for you. Knowing your legal rights about your job status, paid days off, medical insurance plan, long term and short term disability.
After speaking with your HR representative and understanding exactly what is expected of you if you were to need time off or special accommodations during your treatment, make sure you are aware of your legal rights under the Americans with Disabilities Act (ADA). The ADA is a federal law that prohibits employers from discriminating you in all phases of the employment process. he law protects an employee or a job applicant during the application process, testing, hiring, medical exams, promotions, layoffs, benefits, compensation, and leave time. The ADA also protects persons who have disabilities.
A cancer diagnosis is not automatically covered as a disability under the ADA. Individuals with cancer may have a qualifying disability if they can show a substantial limitation on a major life activity (even when an impairment is episodic). Individuals may also be protected under one of the other two prongs of the ADA—namely, that they have a history of an impairment or are being regarded as having an impairment.
The Family Medical Leave Act also protects the person effected with the disease and their spouses' job if they are unable to work and need to provide full-time care to the sick party. The law requires employers to provide employees with up to 12 weeks of unpaid job and health insurance for protected medical leave during a 12-month period. The FMLA applies to employers with 50 or more employees, and employees must have worked for the employer for at least 12 months in the past seven years and to have worked 1,250 hours during those 12 months. Leave time under the FMLA can be taken as a 12-week block of time or can be taken in intervals, such as taking every Friday off to visit the doctor or receive treatment.
In addition, two federal laws help people with preexisting conditions maintain their health insurance coverage after leaving a job: COBRA and the Health Insurance Portability and Accountability Act (HIPAA). In addition, the new national healthcare reform law also contains protections and possible resources for individuals with preexisting medical conditions.
If you have questions related to the legal issues attached to your cancer diagnosis, reach out for help. The Cancer Legal Resource Center (CLRC), a joint program of the Disability Rights Legal Center and Loyola Law School Los Angeles, can provide valuable assistance. Established in 1997 in direct response to the legal problems encountered by many cancer patients in the wake of their diagnoses, the CLRC provides free information and resources to cancer patients, survivors, caregivers, healthcare professionals, and others coping with cancer, through educational seminars and conferences, national community outreach, and its telephone assistance line: (866) THE-CLRC [843-2572].
Once you have a firm diagnosis, you should take the time to sit down with your human resources representative to fully understand what options are available for you. Knowing your legal rights about your job status, paid days off, medical insurance plan, long term and short term disability.
After speaking with your HR representative and understanding exactly what is expected of you if you were to need time off or special accommodations during your treatment, make sure you are aware of your legal rights under the Americans with Disabilities Act (ADA). The ADA is a federal law that prohibits employers from discriminating you in all phases of the employment process. he law protects an employee or a job applicant during the application process, testing, hiring, medical exams, promotions, layoffs, benefits, compensation, and leave time. The ADA also protects persons who have disabilities.
A cancer diagnosis is not automatically covered as a disability under the ADA. Individuals with cancer may have a qualifying disability if they can show a substantial limitation on a major life activity (even when an impairment is episodic). Individuals may also be protected under one of the other two prongs of the ADA—namely, that they have a history of an impairment or are being regarded as having an impairment.
The Family Medical Leave Act also protects the person effected with the disease and their spouses' job if they are unable to work and need to provide full-time care to the sick party. The law requires employers to provide employees with up to 12 weeks of unpaid job and health insurance for protected medical leave during a 12-month period. The FMLA applies to employers with 50 or more employees, and employees must have worked for the employer for at least 12 months in the past seven years and to have worked 1,250 hours during those 12 months. Leave time under the FMLA can be taken as a 12-week block of time or can be taken in intervals, such as taking every Friday off to visit the doctor or receive treatment.
In addition, two federal laws help people with preexisting conditions maintain their health insurance coverage after leaving a job: COBRA and the Health Insurance Portability and Accountability Act (HIPAA). In addition, the new national healthcare reform law also contains protections and possible resources for individuals with preexisting medical conditions.
If you have questions related to the legal issues attached to your cancer diagnosis, reach out for help. The Cancer Legal Resource Center (CLRC), a joint program of the Disability Rights Legal Center and Loyola Law School Los Angeles, can provide valuable assistance. Established in 1997 in direct response to the legal problems encountered by many cancer patients in the wake of their diagnoses, the CLRC provides free information and resources to cancer patients, survivors, caregivers, healthcare professionals, and others coping with cancer, through educational seminars and conferences, national community outreach, and its telephone assistance line: (866) THE-CLRC [843-2572].
Subscribe to:
Posts (Atom)