San Diego Cancer Discrimination Attorney
People who work during cancer treatment or return to work after treatment may encounter obvious or subtle discrimination in the workplace. For example, some employers may assume that a person’s productivity will decrease, or that their performance will fall below the company’s expectations during or after cancer treatment. Cancer survivors may also face discrimination when it comes to job promotion or transfer.
Other discrimination may include being demoted for no clear reason, refused a job opening, or finding a lack of flexibility in response to requests for time off for medical appointments. Some people are fortunate to have an understanding workplace and respectful colleagues and supervisors and do not experience workplace discrimination. However, it is important to understand the various ways that you and your employment are protected if you feel you are unfairly treated as a result of the diagnosis or treatment for cancer.
If you have experienced workplace discrimination based on your cancer diagnosis or your cancer treatments, you are not alone. Many employees experience problems at work after telling their supervisors about their cancer diagnoses. If you have had trouble with getting time off to attend radiation, chemotherapy and medical appointments, been demoted, experienced other negative repercussions at work, or even been fired, contact Discrimination Attorney John McCarthy to learn about your rights. John can help you take action under the law, supporting you when the world seems to have turned against you. (800) 690-1701
Cancer and the Family and Medical Leave Act
You have probably heard of the Family Medical Leave Act (FMLA) and may have used it to cover your time off during your cancer treatment. Under the FMLA, an employee may take up to 12 weeks of unpaid leave per 12-month time period. To be eligible for FMLA benefits, an employee must work for an employer that has at least 50 employees within 75 miles. In addition, the employee must have worked for the employer for a total of 12 months and at least 1,250 hours over the previous 12 months.
FMLA does not have to be taken as 12 weeks in a row; it can be used intermittently, applying after you’ve returned to the workplace. For example, some people use FMLA to go back to work part time while they are regaining strength and transitioning back to their responsibilities. Some employers will require that their employees use available sick or vacation time for part or all of the 12 weeks, so check with your human resources department for information on your workplace’s policies.
Other key factors in FMLA include the following:
- Employers are required to continue your group health insurance coverage while you are on FMLA on the same terms as if you were still working.
- You are entitled to return to your original job or to an equivalent job with equivalent pay and benefits.
If you believe that you are the victim of cancer discrimination you should contact an experienced employment lawyer today.
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