As cancer diagnoses grow in number, employers should be prepared to deal with the impact on their disability practices and policies.
During a recent webinar, experts noted that the terms of the amended Americans with Disabilities Act mean it is almost certain it will apply to cancer patients, BLR reports. Any employee whose major life activities are limited – or were limited at some point in the past – by cancer or its side effects may be considered disabled. Additionally, people who are affected sufficiently by another illness or consequences of cancer may be considered disabled.
When an employee with cancer informs his employer that he needs accommodations to continue working, the same obligation which applies to other workers with disabilities is triggered. Reasonable accommodations may include changing or decreasing hours or granting more scheduling flexibility. Making time during the work day for rest, letting an individual work from home and similar allowances may be appropriate.
Granting leave or reassigning an employee will introduce additional HR compliance concerns, since the FMLA may apply to the case on top of the ADA. Firms which have not yet encountered this situation should review, update or formulate a policy to deal with the situation, although some flexibility would be appropriate so that arrangements can meet the specific needs of a given employee.
