Hi Camille,

Thanks for reaching out! It looks like your post was cut off, could you send over the rest of your question so that we can provide you with the best answer?

Best,

Sarah, Cancer and Careers Program Coordinator

Yes, I'm not sure what happened there. I was just going to say that I'm in the middle of my second fight with breast cancer and reconstruction. 

Thanks

Hi Camille,

These are important questions you have asked about who is
eligible for the protections under the Family and Medical Leave Act (FMLA) and
the Americans with Disabilities Act (ADA). While you gave me a great start in
trying to figure out if you fall under the protections of these two Acts, there
is still some information you will need in order to know for sure. However, the
basics of both are below.

Under the FMLA, eligible employees are entitled to 12 weeks
of leave time within 12 months, which can be taken all at once or in smaller
segments, such as a shorter workweek. In order to be eligible for FMLA leave,
an employee must work for a state or local government or private employer with
50 or more employees, who work within a 75-mile radius of the employee’s
worksite.  An employee must also have worked for the employer for a total
of 12 months and worked at least 1250 hours during those 12 months.  Based
on your post, you have been at your current employer for at least 12 months,
but I wasn’t sure of the size of your company or how many hours a week you
work? There are also several different ways in which employers can calculate
this 12 month period, so you should also check with your human resources (HR)
department if possible to see what your employer’s policy might be.  

Some states also have medical leave laws that may offer even
more time off than the FMLA.  For more info on the FMLA and to find out if
your state offers more time or possibly even paid medical leave, contact the
U.S. Department of Labor at www.DOL.gov/WHD
or your state's Department of Labor.

The ADA, on the other hand, provides protections to eligible
employees by preventing certain employers from making employment decisions
based on an employee’s cancer diagnosis.  The ADA applies to private employers
with 15 or more employees and protects against discrimination toward employees
with disabilities in situations such as hiring or firing, taking leave from
work or requesting reasonable accommodations.  Cancer can be considered a
disability under the ADA, although it is determined on a case-by-case
basis. 

Employers are required under the ADA to provide reasonable
accommodations to qualified employees with a disability, as long as the
accommodation requested won’t cause the employer an undue hardship. 
Reasonable accommodations under the ADA are changes in your workplace that will
help you to continue to perform your job.  For example, working from home
or reduced work hours for appointments or recovery might qualify as an
accommodation depending on your workplace and job responsibilities. For more
information about the ADA, visit www.eeoc.gov,
and for more info on reasonable accommodations, check out www.askJAN.org. 

I hope this provided some answers for you, but please feel
free to reach back if you have any further questions!

Warmly,

Eva LaManna, Esq.

Manager of Programs

Please
note that the above information is designed to provide general
information on the topics presented. It is provided with the
understanding that the expert is not engaged in rendering any legal or
professional services in the information provided above. The information
provided should not be used as a substitute for professional services.