Cancer Treatment Leave Rights

Summary

Under the ADA, employers must provide reasonable accommodations for medical conditions, potentially including unpaid leave. Hawaiis Fair Employment Practices Law also prohibits disability discrimination and requires employers to engage in an interactive process to determine suitable accommodations. Employers requests for complete future appointment schedules may be excessive if medical situations are unpredictable. Consider discussing your rights with HR or seeking legal advice for further guidance.

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I was hired earlier this year and recently diagnosed with breast cancer. Since I’ve been employed for less than a year, I know I don’t qualify for FMLA. However, I’m undergoing chemotherapy, and side effects or complications sometimes result in unscheduled medical needs. My employer has an unexcused absence policy for employees with no PTO. While I still have enough PTO to cover my scheduled appointments, I submitted a reasonable accommodation request for additional unpaid leave to account for potential treatment-related issues. After multiple conversations, HR told me they would only approve leave for scheduled medical appointments. They also asked my oncologist to provide a complete schedule of all future appointments, even though I’ve already provided details for my next *–*. Is this a normal/appropriate request? Are there protections (outside FMLA) for employees in my situation to prevent disciplinary action (or termination) if I need additional unscheduled leave due to treatment? HR stated their unexcused absence policy must apply to everyone “fairly,” but this seems rigid given my medical condition. Does this seem reasonable or legally compliant?
Tara, your situation is challenging and it's understandable to seek clarity on your rights. Here are some key points:
- The Americans with Disabilities Act (ADA) may require your employer to provide reasonable accommodations for your medical condition, which can include unpaid leave.
- The employer’s request for a complete schedule of future appointments may be excessive if your medical situation is unpredictable.
Could you let me know which state you're in? This could help with more specific guidance.
Hawaii
Tara, under the ADA, your employer should provide reasonable accommodations for your medical condition, which may include unpaid leave. Additionally, Hawaii has its own discrimination laws that may offer further protections.
Would you like more detailed information on Hawaii's specific laws related to your situation?
Yes
Tara, Hawaii's laws provide additional protections for employees with medical conditions. Here are some key points:
- Hawaii’s Fair Employment Practices Law prohibits discrimination based on disability, which includes making reasonable accommodations.
- Employers must engage in an interactive process to determine appropriate accommodations, which could include additional unpaid leave.
Would you like more details on how to proceed with a complaint or further actions?