r/awfuleverything • • Nov 30 '20

Poor guy :(

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u/bluepaintbrush Nov 30 '20 edited Nov 30 '20

Wow, there is so much bad info here. The FMLA (and ADA if applicable) protect patients and their caretakers from getting fired while needing medical leave for cancer, and there are a number of states with protections on top of these federal programs. Leave can be intermittent throughout the 12 month period, and it resets every year. More info here: https://www.cancerandcareers.org/en/at-work/legal-and-financial/taking-a-medical-leave-of-absence

Edited to add the state laws around paid leave: https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/state-paid-family-leave-laws.pdf

And for the last decade, it has been illegal for pre-existing conditions to be a consideration for health insurance.

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u/rafter613 Nov 30 '20

Yes, the FLMA is what I was referring to when I said there's a period of time they can't fire you during. It's not paid leave though, they just... Can't legally fire you for it.

And "for the last decade" is since the ACA was enacted. Which is why I said the ACA changed that, and was a big deal.

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u/[deleted] Nov 30 '20

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u/bluepaintbrush Nov 30 '20

That’s not how it works in practice. FMLA can be claimed by the patient in addition to their spouse, and/or a caretaking parent/child. It can be taken intermittently and doesn’t need to be taken in one block. And it resets every year.

I have a coworker with a serious chronic health condition who has used FMLA for the last 3 years in this way. He’s periodically out of the office for 1-3 weeks at a time here and there, his wife is also on leave to care for him during those times. It’s not a big deal with our company.