| How
and when to disclose an illness | | By Jenny
McCune Bankrate.com |
| Most experts agree that the only
time an employee should share information about an illness is when it will impact
his or her job -- either because the person is going to ask for unpaid time off
or because he or she needs some sort of workplace accommodation, says attorney
Jennifer Jaff, author of "Know Your Rights: A Handbook for Patients with
Chronic Illness" and executive director of advocacyforpatients.org.
That said, sooner is better than
later when it comes to giving notice. Employers are generally more responsive
when they believe an employee is telling them about a serious illness in good
faith rather than as a last-ditch effort to save a job, says Robin Bond, a workplace
legal expert and president of Transition Strategies, an employment law firm representing
individuals, based in Wayne, Pa. In addition, the Family
Medical Leave Act requires that an employee must provide his or her employer with
at least 30 days' notice unless that length of notice isn't practical. For example,
a medical emergency or an early birth would both be exceptions to the notification
rule. Should it be written or verbal? While the FMLA only
requires verbal notification, you'll probably want to follow that up with a written
statement that you and your employer can both refer to. You will also want to
follow any procedures that your company has outlined for disclosing an illness. Preparation
is key Rehearse what you are going to say -- write it down and actually
practice saying it in front of a friend or family member. Your initial notification
doesn't have to be lengthy or detailed, just inform your company verbally that
you have been diagnosed with a serious illness or condition that might require
time off or another accommodation. After you've told your employer
about your condition, you'll need to follow up with a more extensive explanation
in writing. Most employers and insurers will require a statement from your doctor
that outlines your condition, its prognosis and what accommodations will be necessary. You
and your doctor should state what your limitations are, but remember you must
still be able to perform the essential tasks associated with your job, so be sure
to indicate your ability to do your job. Finally, prepare a list of the accommodations
you or your physician believe are needed (time off for chemotherapy, the ability
to work from home, access to an elevator, etc.). Keep copies of any information
that you submit. Legally you do not have to recommend accommodations, but from
a practical standpoint it can often help your employer to help you.
Cooperation is important Accommodations can vary, depending on your
illness. For example, when a teacher and client of Jaff needed quick and easy
access to a bathroom because the client had Crohn's disease, school administrators
gave the teacher a key to a private bathroom that she alone would use. An
employee seeking a medical leave is required under the FMLA to work with his or
her employer to schedule treatment and time off so that it's most convenient for
both parties. That said, if you have a serious medical condition that needs urgent
care, you won't be required to wait six months for treatment. The idea is that
both sides work in good faith to find the best solution. Keep
in mind that if your company is large enough to be regulated by the Americans
with Disabilities Act, that doesn't mean you're entitled to have your entire job
description rewritten if you are diagnosed with a disabling condition. The ADA
just dictates that "reasonable" accommodations be made. You still have
to be able to perform the main parts of your job. For example, if you drive a
delivery truck, it would probably be unreasonable to ask to do your job from your
desk and skip all traveling. On the other hand, if you have a sympathetic boss
or employer, he or she may be willing to work with you. Just remember that employers
have no legal obligation to totally change a job, just to find ways to accommodate
you and your medical condition. Communication
paramount Who you talk to depends on you, your company and the relationship
you have with your immediate supervisor. If your company is large enough to have
a human resources department, you might want to start there. Members of the HR
department are familiar with the laws governing disability and medical leave.
If you have a good relationship with your boss, you may want to talk to him or
her first. Also consult with your employee manual to see what (if anything) it
says about a procedure for disclosing a disabling illness and whom you should
talk to first. |