Telling the boss about your medical condition
Page | 1 | 2 |

Here's how to devise the best strategy for your situation.

Personally investigate
Check your employee manual and see what it says about extended illnesses and company policy. Even if your employer is too small to have to comply with federal laws, the company might have enacted helpful policies, just because it's the right thing to do, or it might outline your employer's notification procedures. "You need to know your rights before you do anything," says Transition Strategies' Bond.

It's best to find out the ground rules before you get seriously ill, Bond says. If you fall ill suddenly, you'll have a lot to deal with, including boning up on your condition and possible treatment options, and might not have the time or presence of mind to find out how to get time off of work and what your company's policies are.

If you come down with a serious medical condition that requires treatment and time off, there are other things you can check besides your company's medical leave policy. Find out whether your employer has a short- or long-term disability plan, which would provide you with all or a portion of your pay for a stated period, and how you can activate such policies. Also look into how much sick time or unused vacation time you have that could be used while you are ill and which will guarantee a paycheck for some of the time off. For example, many pregnant women save up vacation time to tack onto and extend the 12 weeks of unpaid leave they are entitled to under the FMLA.

In addition to finding out what programs or procedures your employer has in place, you'll want to dig deeper into the FMLA and the ADA laws and see how they apply to your particular condition. More information about FMLA and ADA is available at Department of Labor and Department of Justice Web sites, respectively.

Help from the state
State law can vary, but can give additional protection beyond what Uncle Sam offers. For example, employees at companies too small to qualify under the ADA or the FMLA might live in a state that offers similar protections to employees not covered by the federal statutes. For example, Bond says her home state of Pennsylvania has a medical leave law that covers employees at companies with as few as four employees.

State law can be more generous in other ways. Two years ago, California enacted a Paid Family Leave (PFL) insurance program that provides up to six weeks of paid, rather than unpaid, leave.

Of course, it all depends on where you live. Virginia is one state that has chosen not to enact any laws that extend the coverage provided by federal statutes.

To be certain about what your state laws are, regarding illness and work, check your state's Web site and look for a labor, human relations, family or human rights department to determine the laws that might provide help. (In the case of California's Paid Family Leave insurance program, the State Disability Insurance Program administers it.) If you can't find what you need on the Web site, try calling the appropriate state agency and go from there.

Regardless of what your own research uncovers, you may also want to consult with a lawyer, especially if you do not have a good relationship with your employer or are otherwise fearful that you might be discriminated against if you disclose your illness. A lawyer can also help explain how the laws work and how they might apply.