Questions about being laid off while on work disability because of cancer.

AngKad42

My husband worked for a good company here in S.C. He has worked for them for 5 years and has been on disability with them on and off for the past year and a half because of metastatic melanoma. He has been hospitalized because of a brain tumor they were able to remove. He is being treated with ZELBORAF and responding well to treatment. His company announced that they were laying off people in our area and he was on the list to be laid off. But he was then told that they would not lay him off while he was on disability. Well they laid him off, can they do this? We thought they had to keep him on disability until the doctors released him to return to work. The doctors have not released him, we are waiting to hear from an attorney to see if we have a case, I just wanted to see if anyone here had any experience with this or any knowledge of this topic. Any help is greatly appreciated.

CaptainCowboy

Layoffs and Disabilities
Havig been in Human Resoures for over 30 years before retirement, here are a few suggestions:
1. You must protect yourself by becoming totally informed with the details of your health insurance plan.

2. Know and understand your rights under the Americans with Disabilities Act amd the Family and Medical Leave Act. Both of these pieces of legislation have much to say on this issue. Here are some of the provisions under the Ameicans With Disabilites Act:

ADA Title I: Employment

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.

Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government." For the appropriate EEOC field office in your geographic area, contact:

(800) 669-4000 (voice)
(800) 669-6820 (TTY)

www.eeoc.gov

Publications and information on EEOC-enforced laws may be obtained by calling:

(800) 669-3362 (voice)
(800) 800-3302 (TTY)

For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at:

(800) 526-7234 (voice)
(800) 781-9403 (TTY)

Provisions under the Family and Medical Leave Act can be found on the Department of Labor websiste under the Wage and Hour Division section.

3.If the new health-care law remains in place, other options may become available.

Since I am not an attorney, I cannot give legal advice. Therefore, if I were you, I would consider contacting a lawyer who speializes in Wage and Hour and other workplace issues. I hope this helps.

Good Luck and keep the faith