check up visit rights and ADA

Victoria Y. on August 31, 2016

Career Management, Image/Professionalism, Work/Life/Cancer Balance

I have luckily been out of treatment for 5 years which normally would spell REMISSION but I have Ovarian cancer stage 3C, and the tumor markers are still higher than they should be ( above 35 in my blood) so technically I still have cancer. Sometimes I get a little pull back from my job when I ask them to take time off for the doctor. They think that because Im not in active treatment everything is fine, but I keep trying to educate them that ovarian cancer that doesnt go into remission after the first line treatment at stage 3C can always come back. They will say well if you have the paid time off time available you can take the time off but really it worries me so much and they make me feel bad about it so sometimes I will put off scans and things so that I dont irritate them. I just found out that Im BRCA1 and I have yet to take the time off to get a breast MRI due to this fact. My question is<" Am I covered under the Americans with Disabilities Act to take the time off whether I have paid time off or not?" Can they legally stop me from taking the time to go to get the test done or to go to the doctor?

1 Comment

Image of Sarah Goodell

Sarah Goodell

Aug 31, 2016

Cancer and Careers Staff Comment:

Hi Victoria,

Thanks for writing to us. I'm so sorry to hear that your work has not been accommodating when it comes to your doctor's appointments, that must be very stressful. Since your question is legal and I'm not a cancer rights attorney, I recommend that you reach out to the National Cancer Legal Services Network, they can connect you with a pro-bono legal service in your area where they will be able to give you a more information: http://www.nclsn.org/. The ADA gives you access to reasonable accommodations, one of which could be taking extra time off, but there are some qualifications that you need to meet, which is why I recommend getting in touch with the NCLSN to determine if you are eligible.

I would also recommend that you read the following information if you haven't already:

- Top Three Legal Questions (especially the second one): http://www.cancerandcareers.org/en/at-work/legal-and-financial/top-three-legal-questions
- Your Legal Rights in the Workplace: http://www.cancerandcareers.org/en/at-work/legal-and-financial/cancer-and-the-ada-fmla
- The ADA info from the EEOC: https://www.eeoc.gov/eeoc/publications/ada18.cfm

I hope that this is helpful. Please let us know if you have additional questions and best of luck!

Best,
Sarah, Manager of Programs, Cancer and Careers

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