Supporting Member (50+ posts) Joined: Aug 2010 Posts: 72 | Mike,
It depends on how much time she missed from work and laws vary by state. The Family Medical Leave Act will protect your job for 12 weeks. If your employer offers paid time off and you have more than 12 weeks, then they cannot fire you before you use up your paid time off. If you are at work, but not performing because of illness, then FMLA allows you to take up to 12 weeks off unpaid and protects your job during that time. If she has used up her sick time or FMLA, she may qualify for company disability benefits. Otherwise, she may qualify for Social Security disability benefits.
If she wasn�t given her 12 weeks or accrued sick leave, or if she was fired because cancer is expensive and her treatments will raise the employer�s group medical costs, then she has a legal case.
Your friend should talk to the company�s HR department. Maybe there is a paperwork problem. My husband who has nearly 2 years of sick leave was declared AWOL because his RO put two weeks beyond the last treatment as the day that he should be back at work. Tim is a professor. At that time he had no voice and was still getting IV fluids. Your friend's relative was perhaps too shaken by being sick and sent home to ask for an explanation and options. He needs to ask for these and get them in writing.
I wish them luck.
Susan, CG to husband, diagnosed April 2010, age 56, non-smoker, no HPV Mandibulectomy on left side May 2010 followed by 30 radiation, 3 cisplatin treatments. |