On Wednesday, September 19, 2007, our Ask-the-Expert Online Conference was called Working During Treatment. Barbara Hoffman, J.D., Irene Card, and moderator Ruth Oratz, M.D., F.A.C.P. answered your questions about the legal, financial, physical, and emotional aspects of working during breast cancer treatment.
Question from Leah: Hi. Two months ago I had a mastectomy, and am currently taking tamoxifen. We do not anticipate any further treatment (radiation or chemotherapy) at this time. However, I am still off work, and do not feel mentally prepared to return to my high-stress, long hours, position. Physically, I could probably handle it. Is this normal? When should I expect to be able to return?
Question from Elizabeth: I just had a bilateral mastectomy and will start chemo Oct 2: 4 treatments for 4 weeks, followed by radiation and hormonal therapy. Typically, how many days will I feel too sick to work?
Question from SusanK: I finished radiation 4 weeks ago (no chemo, no drugs). I have been exhausted and forgetful at work, not functioning at my usual level. My boss summoned me for a lecture on my poor performance. I have 3 years with the company and stellar reviews. I took about 8 days off in 3 months for surgery and radiation. Can she really dump me for what I agree is poor performance? What should I do?
Question from BigMo: I worked in a competitive field that was constantly downsizing. Coworkers resented my absence through FMLA and made numerous comments about how they "were healthy" and should be retained instead of me because I had used my FMLA. How do laws actually combat this reality in the workplace?
Question from Ann64: What do you do if your employer is COMPLETELY unsympathetic to your situation and will not make reasonable accommodations, such as taking an extremely autistic boy out of my classroom, or hassling me to make my appointments so they are the least intrusive to the class. Yes, she used the word intrusive. There is more stress placed on me due to my job than the cancer itself.
Question from Stephanie: I have metastatic breast cancer. Due to some funding cuts at my current company, I may need to start a job search. What do you think are some of the most important issues for me to consider as I entertain this possibility (i.e. health insurance, illness disclosure, etc.)?
Question from Darcee: What if your employer fires you and you lose your insurance coverage?
Question from Nurse: How I can delay payments of bills without credit damage until I can return to my fulltime job (credit cards for covering medical bills not covered by insurance)?
Question from JHolt: I am a public school teacher at the high school level. I want to know how I can let administration know I cannot stay after school, drive back to school for meetings or cut my treatments out for a day or two each week. How do I stand up to them while I am holding on to my job?
Question from MarisaC: Is a person with breast cancer allowed to ask for retirement?
Question from SLP: I have finished treatment and I will be starting a new job next month. Medical benefits are offered. Is the insurance company obligated to take me on as a subscriber even with my past history of breast cancer? It has been over 2 years since diagnosis.
Question from Bright Side: Last summer I took 7 weeks short-term disability leave due to extended treatment. I have Stage IV cancer metastasized to the bones and am still in treatment. Does my employer have the option of denying disability to me this time? I'm thinking short-term and then possibly having to go into long-term. Thank you.
Question from Feather: I am 64 and work as a receptionist 50 hours a week out of necessity. I had a lumpectomy in my left breast in 2005. Did not have radiation or chemo. Grade 3, Stage 1. Since I sit all day, I am dragging at night and on the weekend. I have gone from a size 8 to a 14 — help?
Question from Scotty: I'm 35 and being treated for ductal carcinoma. I have AC every other week for 4 cycles, then Taxol every week for 12 weeks. I work part-time at a department store from 6-11 p.m., sometimes until 1 a.m. I want to keep working, but am worried about germs and wearing myself down. (I also have a 2 1/2 year old son to wear me out.) What are your recommendations on working such crazy hours?
Question from Michaela: Can I get some advice? Should I continue working before, and for that matter, during and after treatment at my job? I am working in the CL3 environment: avian influenza and other animal diseases.
Question from JStephenson: I don't have the luxury of a weekly paycheck. I am a real estate broker working on commission only. How do other self-employed folks keep themselves out there in the market, looking for business and keeping proactive while being treated for breast cancer?
Question from Kona: My wife has breast cancer metastasis. She is currently receiving her second round of radiation therapy and will probably soon receive her third round of chemotherapy. Through all this, she still insists on working full-time, calling in sick on only the worst days. Could she be doing herself harm working during treatment?
Question from Michaela: I am paying long-term disability (LTD) at work, but was told I have to take first vacation, then overtime, and then go on unemployment insurance. Is that right? Can I go on LTD during treatment?
Question from PW: Every time I leave for a chemo treatment, my employer docks my pay. Has anyone else been subjected to such horrible treatment by an employer during this stressful time?
Question from Betsy: I am a salaried worker. What does that really mean? Do I have more flexibility in my schedule from week to week? What are the legal safeguards for salaried exempt employees when it comes to medical time off?
Question from AngelA: I received a lay-off notice on Thursday, and had had my first breast cancer surgery the Monday prior. The margins did not come up clear, and a sentinel node tested positive. I live alone and am self-supporting. I was offered a severance package, but can I get additional compensation due to my precarious stage of treatment? I'm 52 years old.
Question from RoseL: I'm a TV producer and travel frequently, often to developing countries. It's a demanding job, long hours. I will start on AC, followed by T. I have no idea what to expect and would like to continue my current project which will involve a lot of travel. Any ideas?
Question from Stephanie: Are you eligible to receive disability (Social Security) if you have metastatic breast cancer or do you have to be physically disabled?
Question from Music Lover: I would like to contact a lawyer regarding what I believe was a discriminating decision on my employer’s side. However, now that I don't have a job, how can I pay for this? I'm already having to cover my health insurance. Are there lawyers who work for low-cost?
Question from Marcella: I'm still covered under my ex-husband's insurance, but all communication with the insurance company has to go through him, and he's not being wonderfully cooperative in helping me. Is there anything I can do?
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