Is It a Good Idea to Continue Working With a Terminal Illness?

Although the decision about how to spend your days when you have a life-limiting illness is a personal one, many people choose to work if they can. Not only does work provide an income, it also provides a sense of purpose, which can boost self-esteem. What’s more, many employees receive insurance coverage through their employer’s health plan that would be prohibitively expensive if they had to pay for it on their own.  

If you choose to continue working, talk to your doctor and your employer about your plans. You may need to modify your work schedule or change your job responsibilities for a while. Keep in mind, too, that your employer cannot fire you or refuse to accommodate your request if your doctor says you’re disabled and need these accommodations to return to work. Such actions are prohibited by the Americans with Disabilities Act. And if you’re seeking employment, you do not have to divulge your diagnosis to prospective employers unless it would have a direct impact on your ability to do the job you seek, according to the National Cancer Institute. 

If you cannot work due to your physical limitations and are currently employed, you may be protected under the Family Medical Leave Act (FMLA) of 1993. According to the American Cancer Society, this federal legislation requires that employers grant eligible employees up to 12 weeks of unpaid leave per year for certain family or medical reasons. The employer must maintain the employee’s group health benefits during the leave and, except in certain circumstances, the employee must be given the same job or an equivalent one when they return to work. 

Situations covered by the FMLA include the following: 

• The birth of a child and caring for a newborn
• Adopting a child or bringing a foster child into your home
• Providing care for an immediate family member such as a child, spouse or parent (but not a parent-in-law)
• Inability to work because of a serious health condition

You should also be aware, however, that not everyone is eligible for family medical leave under FMLA. In order to be eligible, you must meet these requirements: 

• You have worked for the employer for at least 12 months (the employment does not have to be continuous)
• You have worked at least 1,250 hours for the employer in the past 12 months (this is about 25 hours per week)
• You work at a location where the company employs 50 or more people within a radius of 75 miles (for example, if the employer owns a chain of six car dealerships within a 50-mile radius, and each one employees 10 people for a total of 60 employees)

All of these criteria must be met for the employee to be eligible. However, some exceptions for military personnel and other types of employees may apply. For example, according to the U.S. Department of Labor, public sector employees (e.g. employees of state, local or federal agencies) and primary or secondary school teachers are covered regardless of the number of people the employer employs. 

If you have questions about eligibility or need guidance in exercising your rights under FMLA, visit the Department of Labor, Wage and Hour Division or call its toll-free information and help line at 1-866-4-USWAGE (1-866-487-9423) between the hours of 8 a.m. and 5 p.m. in your local time zone. 

Sources

“Family Medical Leave Act”. American Cancer Society. https://www.cancer.org/treatment/finding-and-paying-for-treatment/understanding-financial-and-legal-matters/family-and-medical-leave-act.html 

“Coping with Cancer/Going Back to Work”. National Cancer Institute. https://www.cancer.gov/about-cancer/coping/day-to-day/back-to-work 

Fact Sheet #28: “The Family and Medical Leave Act”. U.S. Department of Labor. https://www.dol.gov/whd/regs/compliance/whdfs28.htm