Hi,  Congratulations on being cleared to go back to work! You must have made a great impression in your interviews and handled your health discussion well, because your past cancer was not an issue for the employer.   That tells me something about your instincts in sharing and discussing your cancer.  They are right on.

I think your concern about revealing your surgery too soon and your thought to wait until the surgery is scheduled makes perfect sense.  First of all, you are not at all certain when you will schedule it yet, and that may be driven by factors of healing and doctors schedules etc.   You are most likely too far out from that scheduling date to be able to be certain about it yet.    Secondly, you most likely are not yet sure of the amount of healing time you will need after surgery - so why speculate too much at this time.

You have great instincts, so follow them.   Do a great job for this employer for the next few months, getting to know them, the routines, etc. and bring in great results for your clients/patients.  Then, when you are sure about your surgery date and specifics, go ahead and have the discussion with your boss to schedule time off for that event and subsequent recovery.  That way, you will have already earned the respect and trust of the employer by your excellent performance.   And, most will understand if another issue develops that requires subsequent care.

Our legal experts will respond to your question about short term disability, but in the mean time, I wish you all the best in your new job!

Kathy Flora

Thank you so much Kathy! That is what I was hoping to hear from you =) will def wait and make my mark within the company and disclose later on when i know more details! 

Wonderful!  Glad I could help by seconding your approach.  It certainly makes sense to me.   Hope your new job is everything you wish it to be.

Take Care!

Kathy Flora.

Hello, and I very much second Kathy's congratulations on returning to work!

You ask some important questions about your options concerning your upcoming surgery, so let me try to provide you with the information you might need.  Short-term disability insurance (STDI) is designed to supplement a portion of your income if you need a brief medical leave from work, usually up to six months. Your employer may hold your position for you during this period, since you expect to return to work. However, STDI does not legally require employers to keep your position open.

STDI can be purchased individually, administered through your employer, or provided by your state or territory. Currently only California, Hawaii, New Jersey, New York, Rhode Island and Puerto Rico have state run short-term disability programs.  Programs vary and the definition of disability as well as your benefits will depend upon your specific plan.

Some plans start immediately, while others have a waiting period before benefits start. Certain conditions may also be excluded from coverage, or coverage may be limited - for example, a disability that is the result of a pre-existing condition may not be covered. However, procedures and plan differ greatly from one plan to another, so I encourage you to read the policy carefully when you explore this option.  You might want to consult your human resources representative and/or your employee manual for details on what's offered at your workplace or if there are additional leave policies you may not know about.

I don't know the details of your upcoming surgery, but I think it's worth noting that you may be eligible for leave under the Family and Medical Leave Act (FMLA) after 12 months on the job.  Leave under the FMLA is protected, which means you can't be fired during the 12 weeks that FMLA provides. Cancer and Careers provides more information about FMLA here.  

Finally, CAC also offers other suggestions when STDI and FMLA might not be available, which include negotiating with your employer, state laws, and protections under the Americans with Disabilities Act.  

I hope this info gets you started, and please don't hesitate to reach back with additional questions!

Warmly,
Eva LaManna, Esq.

Please note that the above information is designed to provide general information on the topics presents. It is provided with the understanding that the expert is not engaged in rendering any legal or professional services in the information provided above. The information provided should not be used as a substitute for professional services.