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Home > Ask A Career Coach > when 12 weeks FMLA is not enough.

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when 12 weeks FMLA is not enough.

Krystle A. on September 1, 2017

Career Management, Workplace Politics

I had a surgery last Dec 2016 and was expected to miss work for 6 weeks. I initially used my vacation and sick days (4 weeks total) and had signed a medical leave form. However, due to the findings after surgery (cancer diagnosis), I had to miss work for 6 months for treatment. I submitted another medical leave form submitted it on Jan 2017. At that time, our HR director said that if I exceed the 12 weeks FMLA, they will "discharge" me from the company. Twelve weeks passed, I was thinking that HR has "discharged" me already. About last week of June, HR called me, offering a position but I politely decline for I have just finished my treatment, have to go through tests and thought that she has discharged me. She said "let me know when you want to be discharged". I don't know how I reacted at that time but I was puzzled. But due to what I was going through medically, I've never had the chance to follow it through. At this time, HR hasn't contacted me yet again. I am just wondering. why was it up to me whether she would discharge me? She never also never mentioned if I have to provide any additional paperworks from my doctors. Should I give a resignation letter? Or what should be my next step?



1 Comment

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Nicole Franklin, MPH

Sep 8, 2017

Cancer and Careers Staff Comment:

 Hi Krystle,


Thanks for writing to us. I’m sorry to hear that in addition to your diagnosis and treatment, you’ve had added stress around your work situation.  Considering that you’ve received some mixed messaging from your company’s HR department about your leave time and work status, it might be helpful to seek legal advice before reaching out to HR or taking any further action (like submitting a letter of resignation).  Since it has been over two months since you last communicated with them, a legal expert might be able to provide some sound advice on the best way forward.  I recommend you reach out to the National Cancer Legal Services Network - they can connect you with a pro-bono legal service in your area where they will be able to give you a more information.  You can find more information at http://www.nclsn.org/. 


I would also recommend that you read the following information (if you haven't already):



  • Your Legal Rights in the Workplace: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Cancer-and-the-ADA-FMLA

  • Finding Legal Assistance: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Finding-Legal-Assistance

  • Top Three Legal Questions about Employment: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/top-three-legal-questions


I hope that this is helpful. If you have any further questions, please feel free to contact us at cancerandcareers@cew.org or 646-929-8032.


Kind regards,


Nicole Franklin, MPH


Manager of Programs


Cancer and Careers


 


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