Employment

The Family and Medical Leave Act (FMLA) is a federal law that allows certain employees to take up to twelve workweeks of leave to care for a serious health condition. In addition, the law allows for caregivers to take time off work to support a child, parent, or spouse with a serious health condition. Though it applies to all state, local, and federal employers, in order to be eligible in the private context, employees have to work for a “qualified employer”, meaning that their employer has 50 or more employees within a 75-mile radius of the employee’s worksite. In addition, the employee needs to be a “qualified employee”, meaning that they have worked for the employer for at least 12 months and have worked for at least 1,250 hours during that 12 month period.

If you have any questions, you can contact the Department of Labor’s Wage and Hour Division, which oversees enforcement of the FMLA: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

There are also a number of states that may provide similar or additional protections at the state law level. For a complete list of which states offer these types of protections, go to: http://www.dol.gov/whd/state/fmla/index.htm

Finally, it’s really important to keep in mind that these federal and state laws are just the baseline—a private employer may provide additional benefits such as extended short-term disability or additional leave provisions. Look to your employee manual or speak to your human resources representative for more information!

Hi there,

This is possibly the question we get asked the most and everyone ultimately answers it differently. No matter what, in the initial stages of a job search, you will want to be prepared for questions related to gaps in employment history. And, if it comes up be future focused, non-specific and brief. What is key to a prospective employer is how you can solve their problems and meet their needs so be prepared to speak about that. Practice, practice, practice your answers so that you can be at ease during your interview. However you decide to field the question don't out and out lie, ever but you can absolutely be broad or vague.

One unexpected upside to the current economic situation is that employers today are used to seeing candidates with some gaps due to many reasons, so they may not even ask about caused yours.

Remember that though cancer is forefront in your mind, it is not for the person sitting across the table. Most importantly try and remember that you would be an asset to them and that this is your opportunity to dazzle them with how and why.

Also, if you did any volunteer work or consulting during your time off that should be on your resume and be part of your explanation.

It is also key that you understand what you do and don't have to do under the law in terms of disclosure, for more on that: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/top-three-legal-questions

Some additional information from our website:
*Job Hunting After Cancer: http://www.cancerandcareers.org/en/looking-for-work/Job-Hunting-After-Cancer-Treatment

*In terms of downplaying the gap on your actual resume, a combination chronological/functional resume may be best for you. Find an example here: http://www.cancerandcareers.org/grid/assets/tinafunctionandchron_resume.pdf.

*Not sure how to explain why you left your last job when it was due to cancer treatment? We've got a great career coaching thread on this very topic: http://www.cancerandcareers.org/career-coach/job-application.

*Having trouble getting asked to interview, and think it may be due to the gap? Some of the advice here may help you out: http://www.cancerandcareers.org/career-coach/having-trouble-finding-a-job.

Hope this helps!

Best,
Rebecca

Rebecca V Nellis
Director of Programs
Cancer and Careers

Congrats on being done with treatment!

Your question is a tough one and a really personal one too. Everyone feels differently about this decision, my first piece of advice is for you to understand what you legally do and don't have to do so that any decision you make includes understanding that key piece, you can do some reading here http://www.cancerandcareers.org/en/at-work/Legal-and-Financial and for specific questions on your personal situation contact the Cancer Legal Resource Center at 1-866-THE-CLRC.

Next, I think it is important for you to think about the culture of the new place you are working, do they seem very tight knit and familial or is it more corporate and less intimate? Do people who have been there a long time seem to know a lot about each other outside the work realm? Other things to look for, is there another survivor on staff who has made that known to you? If so, how is he/she being treated?

Then I think you should ask yourself whether cancer being a big part of who you are also means it needs to be a big part of your work identity. Or if your experience can inform and shape the lens through which you view everything but you don't necessarily need to brand yourself with it at work. When you think this through, it is important to recognize fair or not that people have their own perceptions of what cancer means and what being a survivor looks like and you want to be sure that you are ok with how that might be received and how you might be treated once that information is out there.

It also might just be a case of waiting to see how your trajectory in this new place shapes up and choosing to tell the people who become important to you what you have been through as it organically comes up.

I hope this provides some helpful ways to think through the new environment and your decision about whether to share or not.

Best,
Rebecca

Rebecca V Nellis
Director of Programs
Cancer and Careers.

Without specific information on your current health condition, treatment protocol and review of your disability plan, I am not able to tell you if you would qualify for benefits. Each disability plan have their own contract language that dictates benefits offered, when they start and how long and when they continue. Additionally, often the medical support of your treating physician(s) is necessary to support a disability claim. If your treatment and/or side effects are affecting your ability to work, review your plan and discuss going on disability with your provider. File a claim and await a decision. If you do find yourself denied, review the reason why and file an appeal. Patient Advocate Foundation wrote a publication called Your Guide to the Appeal Process available at http://www.patientadvocate.org/index.php?p=489.

Some areas I would request your review are:
1. Does the policy have a waiting period (period of time) before it will allow you to submit a claim?
2. Are there medical requirements you have to meet, i.e, cannot perform your job or ANY job; must be unable to work for at least 6,12 months etc.
3.Do you have/have you applied for disability through work? or if your disease is suspected to bypass a 12 month timeframe for recovery applied for Social Security Disability (www.ssa.gov)?

On a side note, if you are out of work now. Are you currently on medical leave? If your employer has over 50 employees and you have worked there for at least a year you may be eligible for Family Medical Leave Act, which protects your job up to 12 weeks. It’s important to discuss this with your employer to protect your job, and or apply for benefits that you may be entitled to. Some employers will also allow accommodations to work modified schedule or use their FMAA intermediately if working less hours is what you need as well.

I'd be happy to offer additional support if you are willing to share more information. Or you may contact us at 800-532-5274