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How and when to disclose an illness

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.

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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.

 

 
 
Next: "Sometimes the employer will make it tough on the person."
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