Time Off After Surgery

[Madtowner]

My son works in Iowa. He was hired in March 2019. He began having medical issues on October 17. He was diagnosed with cancer on November 12. He had surgery on December 5. What rights does he have for time away from work without being terminated? His doctor gave him a letter telling his employer that he should be out of work 6 weeks for recovery. Evidently he wants to maintain his health insurance most of all as well as retain his job. He has 5 days of time off (sick, vacation, etc.) per year.

Thank you very much in advance,

 

[PayrollHRGuy]

Under the FMLA, none at all. You must have been an employee for at least 12 months.

It doesn't look like Iowa has a broader state FMLA law.

 

[LdiJ]

Under the FMLA, none at all. You must have been an employee for at least 12 months.

It doesn't look like Iowa has a broader state FMLA law.

I agree, but that doesn't mean that all employers will automatically terminate an employee who has to be off work because they had surgery for cancer just because they are not yet eligible for FMLA. Some are able to be/choose to be kinder than that. Others are not able to do so or choose not to do so.

 

[eerelations]

I agree, but that doesn't mean that all employers will automatically terminate an employee who has to be off work because they had surgery for cancer just because they are not yet eligible for FMLA. Some are able to be/choose to be kinder than that. Others are not able to do so or choose not to do so.

OP was looking for job protection. There isn't.

 

[FlyingRon]

And depending on the nature of the employer, they may not be obliged even if he'd worked there a year. A small business just can't carry people who aren't working and the government doesn't expect them too. Once he starts in on COBRA, he'll realize what the costs to the business start to be.

 

[cbg]

What rights does he have for time away from work without being terminated?

He has none. While hopefully his employer will have some compassion and give him some time, he has not worked for this employer long enough for any protected leave time to kick in. If the employer should term him for excessive absences, no laws will have been violated.

I do have another thought, however. What does the prognosis look like? Does the doctor anticipate that the surgery will eliminate the cancer? Or is he likely to still need additional treatment afterwards?

 

[PayrollHRGuy]

I agree, but that doesn't mean that all employers will automatically terminate an employee who has to be off work because they had surgery for cancer just because they are not yet eligible for FMLA. Some are able to be/choose to be kinder than that. Others are not able to do so or choose not to do so.

Where did I say the employer would terminate? That wasn't the question that was asked.