Should you tell your employer that you have breast cancer? It’s a personal decision, but it’s one that often forces your hand, as you have to make your employer aware of the time you’ll miss during surgeries, chemo, and radiation.

The American Cancer Society suggests that the average amount of time missed from work after a breast cancer diagnosis is over a month. Working full- or part-time is exceptionally difficult as you navigate the physical and emotional toll of the disease and treatments. 

It’s less about whether you tell your employer and more about when you should tell them. You need a plan to help you through the process. Before you share your breast cancer diagnosis with your HR team, managers, and coworkers, make sure you’re protecting yourself from potential discrimination and unfair treatment.

When Should You Disclose Your Breast Cancer Diagnosis?

The reality is that you don’t have to say anything, but you should if it will affect your work. With treatments like surgery, chemo, or radiation, you may be sore, tired, nauseous, and weak. Nerve damage that impacts how long you can stand or how well your hands work is possible.

The sooner you start the conversation, the easier it is for your employer to make the accommodations you need to support you through treatment.

It’s usually advised that you wait until you have a firm treatment plan in place before you say anything. Then check your employee handbook to see whether you can request benefits like short-term disability, FMLA, or CFRA.

What Legal Protections Apply to California Workers?

If you have short-term disability insurance, you may qualify for income replacement benefits for up to 52 weeks. This helps you with income, but it doesn’t protect your job.

To ensure your career isn’t impacted by breast cancer, you want to tell your employer and file for FMLA and CFRA.

FMLA and CFRA

Family and Medical Leave Act (FMLA) is a federal employment law that protects your job for up to 12 weeks, provided you meet these rules:

• You’ve worked for the employer for at least 12 months.
• You’ve worked at least 1,250 hours during those 12 months.
• The employer has at least 50 employees within 75 miles.

 In those 12 weeks, your employer cannot replace or fire you. As long as you have a serious health condition that makes it difficult to perform your job, it’s an option for protecting your career.

The California Family Rights Act (CFRA) also protects your job. It protects your job for up to 12 weeks when you need medical leave and requires the same 12+ months and 1,250+ hours as FMLA. The difference between CFRA and FMLA is that to qualify for CFRA, the employer only needs to have five or more employees.

CFRA and FMLA run concurrently, so you can’t stack them and get 24 weeks. You do benefit from having both federal and state job protection, which can be handy if your employer discriminates against you.

ADA

The Americans With Disabilities Act may offer additional protection. Your employer must follow ADA laws when it comes to asking you questions about your breast cancer. Medical information is to be kept private from your coworkers unless you are okay with it being shared.

They also have to carefully look at any accommodations you might need. If your treatment triggers peripheral neuropathy in your hand due to chemo treatments, you may need voice-to-text software to do your job. If it impacts your legs or feet, you might need a stool to sit on while operating a machine.

They need to make sure that you’re not harassed by your coworkers. If anyone starts making comments about your shape after a mastectomy, they need to shut it down immediately and write up the offending employee.

They also need to consider any potential safety issues. If you’re getting chemo treatments, you might need a private bathroom to protect others from chemo waste.

Immediate Steps to Take Before and After You Share

Before you share news of your diagnosis with your employer, take a few immediate steps to protect yourself and be ready for any questions that are asked.

• Talk to Your Oncology Team: Have a clear treatment plan, including timelines for surgery, chemo, radiation, and the side effects you’ll experience during recovery.
• Review Your Company Handbook: Look over your employee handbook to see what guidelines are in place for sick leave, short-term disability, remote work, requesting accommodations, and FMLA/CFRA.
• Prioritize Who Gets Told First: The handbook may offer guidance on who you tell first. If not, decide if you want to tell your supervisor or HR first. 
• Document Each Discussion: Protect your best interests by documenting every conversation you have with management and HR. Keep a private journal of responses you get and dates/times conversations took place, and forms were completed.

What Do You Do If You Encounter Discrimination or Retaliation?

Hopefully the discussions go smoothly, and you can focus on your treatment and recovery. What do you do if you meet resistance, discrimination, or retaliation?

Start by keeping track of everything. Document each conversation, reaction, email, text, or letter you receive. You want this when you file a complaint.

Go to your HR team or whoever is listed in your employee handbook to file an unfair treatment complaint. If they side with others or don’t act at all, go to the California Civil Rights Department (CRD) and file a complaint using the California Civil Rights System (CCRS).

The CRD investigates your complaint, talks to you, the person you complained about, and any witnesses. After the investigation, they make a decision. You might enter into mediation before filing a lawsuit. If that doesn’t work, use your Right-to-Sue notice to file a lawsuit.

If you find your employer retaliates, don’t hesitate to contact an attorney.

An employment attorney can help you build a solid case against your employer. Our Los Angeles law office specializes in employment discrimination cases and helps you get a fair settlement or judgment.

Remember Your Health Comes First

Breast cancer takes you on a range of emotional highs and lows and is also physically demanding. Prioritize your health. If your employer doesn’t back you 100%, you’re protected by California and federal laws.

Shegerian Conniff is here to support you in this stressful time. Prioritizing your health should never make you worry about your job. 

If you do share your diagnosis and feel that your manager or employer is using it against you, reach out to us for a free consultation. We’ll help you understand your rights as a Californian worker and what steps to take to ensure you’re not penalized for having a chronic health condition.