FMLA and Cancer Treatment: What You Need to Know

## What Is FMLA? The **Family and Medical Leave Act (FMLA)** is a federal law that entitles eligible employees to up to **12 weeks of unpaid, job-protected leave** per year for serious health conditions — including cancer diagnosis and treatment. "Job-protected" means your employer must hold your position (or an equivalent one) until you return. ## Who Qualifies for FMLA? To be eligible, you must: 1. Work for an employer with 50+ employees 2. Have worked for that employer for at least 12 months 3. Have worked at least 1,250 hours in the past 12 months ## What FMLA Covers for Cancer Patients FMLA can be used for: - Cancer-related medical appointments - Chemotherapy, radiation, or other treatment days - Recovery periods after treatment - Hospitalizations - Days when you are too ill to work due to treatment side effects ## Intermittent FMLA You don't have to take all 12 weeks at once. **Intermittent FMLA** allows you to take leave in smaller blocks — individual days or even hours — for treatment appointments or bad symptom days. This is often the most practical option for cancer patients who want to continue working between treatments. ## How to Request FMLA 1. Notify your employer of your need for leave (can be verbal) 2. Your employer must provide FMLA paperwork within 5 business days 3. Your oncologist completes the medical certification form 4. Leave is approved or denied within 5 business days ## FMLA + Short-Term Disability FMLA is unpaid — but many employers allow you to use accrued paid sick leave, vacation, or short-term disability (STD) concurrently, so you receive income during leave. Check your employer's specific policies. ## Americans with Disabilities Act (ADA) The ADA may also apply. Cancer is generally considered a disability under the ADA, requiring employers to provide **reasonable accommodations** such as: - Modified work schedule - Work-from-home options - Reduced workload temporarily - Closer parking ## If Your Employer Has Fewer Than 50 Employees FMLA does not apply. However: - Your state may have its own family and medical leave law with broader coverage - ADA accommodations may still apply - Some employers offer leave voluntarily ## Talking to Your Employer You are not required to disclose your specific diagnosis — only that you have a serious health condition requiring medical leave. Ask HR what information they need and what your options are. Many employers are more accommodating than employees expect — ask openly and early.