Battling Cancer and Employment Termination during treatment?
My Dad(64yrs and 5mon old) has been working for a company for past 12 years and have never been absent and/or called in sick unless it was necessary. His HR folks said that in our meeting that he has a great track record with company and not many employees do in that company. He was diagnosed with cancer in mouth in Feb 2010 and underwent surgery in March 2010 and is about to begin his radiation for another 6 weeks. He was told by his employer that he either need to resign or get terminated by mid June 2010 due to not being present at work(absenteeisn policy). He has exhausted all of his eligible FMLA and paid time off and accrued vacation time will end May 2010. In this situation, if he resigns or gets terminated, he will lose his medical coverage and health benefits in middle of the cancer treatment. He is approved for STD which his company provides for 22 weeks or until Dr. approves it. Is there a case here? Should he resign or get terminated and face the consequences later? I hate to see the man suffer and go through this during this time when he needs to focus on his recovery from this killer disease.
Law & Legal - 2 Answers
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1 :
He's already exhausted FMLA and STD, which exist exactly for this reason: so that a company doesn't dismiss someone due to an illness. Consider LTD, if available. In any case, he should NOT resign. He should also document any discussions that he has and keep any letters he receives from his employer. The only reason he should resign is if he cannot handle the stress of being employed by this company. This is a sad case, but keep in mind that the company needs him to work. If he cannot do that, then it's best for them (maybe even vital!) to replace him. Suggestion: he might be able to negotiate something. For example, they may be willing to extend his insurance for some period of time, like a year, if he resigns. Make sure to have a lawyer review any agreements.
2 :
Look into C.O.B.R.A. Its some sort of Federal law that protects him in this instance. The way I understand it just be sure you don't resign cause you won't qualify for better rates. Good Luck, 3rd Party Human Resources
3 :
He shouldn't resign, but instead let them terminate him. There is no case here for him because he is unable to work and has had his FMLA leave that he company was required to provide. Therefore, they have done their part and are not breaking any laws. It's sad, but it's true that an employer needs their employees to work and can't just keep his job open in the meantime. In regards to Cobra, he will be eligible for Cobra (even if he quits) once he is no longer an employee. This means that he has to pay 102% of the premiums instead of the reduced rate he is likely paying through the company. But it's better than nothing and being without insurance during this difficult time. I'm so sorry for his suffering and hope he pulls through this. Once he's done with treatment, he can then go look for another job, difficult as that may be. Who knows? If he is leaving this company on good terms, perhaps they will have a position for him when he is better. Good luck to you and your father.
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Title : Battling Cancer and Employment Termination during treatment
Description : Battling Cancer and Employment Termination during treatment? My Dad(64yrs and 5mon old) has been working for a company for past 12 years ...