Dealing with a breast cancer diagnosis is difficult enough. We all hope that the employer would welcome the employee back with open arms. Unfortunately, that is often not the case. Employees returning to work should be aware of their rights and obligations in order to minimize the possibility of negative outcomes. In this article, we provide the “Top 5” steps that an employee should take when returning to work.
This article by TELG principal Adam Augustine Carter and TELG managing principal R. Scott Oswald was published by Zestnow on October 16, 2015. The full article is available at Zestnow.
The article also was published by My Fabulous Boobies on October 16, 2015.
Breast Cancer – Know Your Legal Protections
Employees returning to work following a breast cancer diagnosis have it very tough. After months of dealing with an unfavorable and very scary diagnosis, they often return to work only to find that their employers simply prefer to replace an employee who needs to take leave. To the employee’s surprise, she now finds herself in a second fight after dealing– one with her employer over the nature of her return.
The Family and Medical Leave Act (“FMLA”) provides a bevy of protections to employees who are – or have family members who are – suffering from an illness. Perhaps most importantly, the FMLA provides that, over a twelve month period, eligible employees are entitled to take twelve workweeks of leave and return to their same position and under the same conditions.
We like to think that most employers will warmly embrace the return of an employee who has survived a serious illness. But that is not always the case. Below, we outline the Top Five steps that an employee must take when returning to work.