Do state laws protect cancer survivors’ employment rights?
The state where you live may have similar or more protective laws that protect people with cancer. These laws may apply to employers with fewer employees than under the ADA. Find out the specific FMLA law for the state in which you reside. This law may be different in each state. Can an employer fire someone who has cancer? Employers do not have to hold a job indefinitely. The length of time that an employer must hold a job generally depends on whether the time off creates an “undue hardship” for the employer. The employer may also have a medical leave policy that limits the amount of time someone can take off. Employers are able to fire people for many reasons. For example, a company can “downsize” and many employees may lose their jobs. Or, an employee can be fired for not doing a satisfactory job or not having the necessary skills. However, an employer cannot fire people with disabilities just because they have disabilities. Workplace discrimination due to a medical condition is a c