Contacting Employment Lawyers in Davie, FL After a Cancer Diagnosis

Being diagnosed with Cancer is nothing short of a nightmare. You have so much on your mind right now. When does your treatment begin? What kind of effect will it have on your body? Who will take care of you? How will your household chores and other family responsibilities be taken care of? Can you afford to cover the costs of what your medical insurance doesn’t pay for? While you have so much on your mind, one thing you shouldn’t even need to consider is the possibility you are fired or your hours are cut once you tell your employer of your diagnosis and impending treatment plan.

For this reason, there is a federal law called the Family Medical Leave Act or "FMLA." This allows eligible workers 12 weeks of unpaid leave to care for themselves after a diagnosis like Cancer. It also extends to family members, so a husband, wife, father, mother, sibling, or other close family member who is caring for the person with Cancer is also guaranteed their job when they return. Even better news is that FMLA also requires health insurance benefits be maintained during the leave. You do not need to take all 12 weeks in a row. Perhaps in your case, you need a few weeks here and there as your chemotherapy or radiation makes it difficult to work and then you feel better.

The sad truth is that not all employers handle the situation of an employee or their family member having Cancer the way they should, both ethically and legally. In a case where you feel you have been let go or otherwise unfairly treated once you tell them you have cancer, you should bring in employment law lawyers in Davie, FL to protect your rights.

Once you meet with a lawyer, he or she will ask two questions when determining if you are covered under FMLA:

1. Have you worked for your employer for at least a year before requesting leave?
2. Do you work at a location where your employer employs 50 or more employees?

If you answered yes to both of these, you are covered and should be granted the benefits it requires. It is important to note that under FMLA you give "proper notice" to your employer of your need for FMLA leave. If you knew of the need for leave more than 30 days before leave was to begin, you are required to give your employer at least 30 days advanced notice. If you knew of the need for leave less than 30 days before the leave was to begin, you are required to give your employer notice as soon as was reasonably possible. With a Cancer diagnosis, you often need to begin treatment as soon as possible so this 30-day notice often is not possible. Be sure to have documentation you told them as soon as you found out so they could make preparations for your leave with as much notice as you could give them.

You have enough going on right now. This isn’t the time to worry about unemployment on top of everything else. With the right employment lawyers in Davie, FL by your side, you can focus on getting better!