Ellen H. on January 24, 2017
Job Search
I am currently job seeking after losing a job because I did not meet FMLA requirements and had to take time off for cancer surgery. I will need another surgery in 3-6 months. Do I need to notify a new employer of the upcoming surgery? Is there anything I can do to protect myself from another job loss since I will not meet FMLA requirements with a new employer before the next surgery is due? I'm very stressed about how these short-term employments on my employment history may negatively impact the career I've worked so hard to build and how they could be explained away to a potential employer without delving into my medical circumstances. For someone who is well-qualified and an excellent employee, I feel like I'm fighting an uphill battle with many odds stacked against me. I live in Ohio which is an "at will" employment state. Thank you for whatever help you can lend.
1 Comment
Maddy Meislin
Jan 24, 2017
Cancer and Careers Staff Comment:
Hi Ellen, Thanks for writing to us! These are all great questions. To start, I would recommend reading through the following resources: -The swivel: http://www.cancerandcareers.org/en/looking-for-work/interviewing/the-swivel (this strategy can be used to answer potential questions about your short-term employments) -Resume Review Service: http://www.cancerandcareers.org/resume_reviews/new - In terms of legal rights in the workplace, check out our Legal and Financial section (http://www.cancerandcareers.org/en/at-work/legal-and-financial) and Legal Rights in the Workplace (http://www.cancerandcareers.org/en/at-work/legal-and-financial/cancer-and-the-ada-fmla). If you need more specific information I recommend that you reach out to the National Cancer Legal Services Network where you can find local free legal service programs for survivors: http://www.nclsn.org/ - In terms of disclosing information in an interview, please read the answer to the first question listed on this page: http://www.cancerandcareers.org/en/at-work/legal-and-financial/top-three-legal-questions - More information on finding legal assistance is here: http://www.cancerandcareers.org/en/at-work/legal-and-financial/finding-legal-assistance - I would also recommend viewing a recording of the Disclosure, Privacy & Online Brand webinar http://www.cancerandcareers.org/en/community/videos/bwc/2016-webinar-online - Another really helpful website for legal information is Triage Cancer: http://triagecancer.org/resources/ You are not legally obligated to disclose a cancer diagnosis at any point in the hiring process (or once you are employed for that matter); so the decision on whether or not to tell your potential employer during the job-seeking process, is more about what is important to you. Do you know what the recovery of your surgery will be like? How long will it be? Do you expect you'll be able to work or at least work from home post-surgery? You may need to disclose that you have a medical condition if you know that you will be requesting reasonable accommodations. Keep in mind, taking time off is considered a reasonable accommodation. If you do decide to disclose, you want to be strateic about when you'll ask for a reasonable accommodation. Typically, you won't really know what you need until you have started a job and have a sense of what your recovery post-surgery will look like, and how this may affect your job and vice versa. Also, if you decide to tell, it's important to remember that the interview phase is part of a strategy of getting hired, and the first interview is just the beginning of a relationship. The goal is to impress the prospective employer and advance to the next phrase of the hiring process, so the first interview may not be the best time to share your cancer history. As you move through the various rounds of the interview,s you'll want to pick a moment where you think the company is invested in you and likely to hire you, or wait until the offer comes through and then share this information as part of your discussion of salary, benefits and other related factors. Please feel free to write back if you have any questions. Best regards, Maddy Meislin Associate Manager of Programs
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