Figuring out you have an illness is challenging enough without having to cope with leaving work early, informing your supervisor of your condition, or overcoming workplace prejudice. Adults who are employed make up more than 40% of cancer patients. As a cancer sufferer in California who is of working age, you are not alone. With cancer and employment rights in California, you are fortunately protected from handicap discrimination by both state and federal legislation.
However, having cancer may present specific challenges in terms of acquiring and keeping a career. This may make it difficult to pay payments on time and obtain suitable health insurance.
Federal laws against discrimination
Employers and coworkers cannot discriminate against individuals with disabilities under the Americans with Disabilities Act (ADA). Cancer is one of the medical illnesses that are covered under the ADA. Thanks to the ADA, your employer can treat you better because they know you have an illness or serious condition. Additionally, it is illegal for an employer to mistreat you if you decide to take time from work to tend to a close one who has cancer. Numerous unethical behaviors can constitute discrimination, such as:
- Unjustified termination
- Demotion
- Unfair schedule modifications
- Paid time off infractions
- Refusal to employ
- Refusal to attend meetings
- Harassing or calling names
File Your Complaint
You have the right to submit a case against the discriminator if your employer or another employee mistreats you because you have cancer. To file a formal complaint, visit Human Resources. Take your complaint to the Equal Employment Opportunity Commission if the employer does not remedy the issue (EEOC). The EEOC will investigate and may fine your company for committing illegal discrimination.
Taking leave for illness
A medical absence from work connected to your disease diagnosis or treatment cannot be denied, and your employer cannot take adverse action against you for doing so. Up to 12 weeks of unpaid sick leave per year are guaranteed by the Family and Medical Leave Act (FMLA) without worrying about reprisal or job loss. All U.S. businesses must provide this sick time and continue the employee’s health coverage while the employee is away under the FMLA. Without risking your work, you have the facility to request up to 12 weeks off for health reasons associated with your cancer treatment.
How to Get Disability Insurance
Your cancer struggle may have rendered you temporarily or permanently unable to work. You can be eligible for disability insurance through the state of California’s program or the federal Social Security system. The state’s temporary disability compensation program allows qualified workers to receive up to 60–70% of their typical hourly pay. Employees who temporarily cannot work due to a disease, condition, or injury are eligible.
Know Your Benefits
If cancer is severe, recurrent, or terminal, it is also a condition that qualifies for Social Security Disability benefits. If your cancer’s side effects make it impossible for you to work, you might be eligible for recurring benefits from the Social Security Administration. Depending on your circumstances, you might receive benefits for a minimum of three years that would cover medical expenses in addition to a portion of your typical monthly salary.
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