Employee with cancer

karenosi

My sister works for a small company, less than 15 employees. One woman has had a recurrence of cancer, which is now in her brain, lungs, etc. Eventually she will die, she is not expected to recover. She is having a hard time getting to work, as she had seizures and not allowed to drive, but she does get to work and usually works a full week. She has worked with this company for at least 7 years, maybe longer. A few days ago her manager called her into the office and tearfully told her that she would have to retire or quit. She doesn't want to do either. In either case her insurance would cease. If she works part-time she will not be able to pay her bills and would lose her insurance as well.

I have no experience with such a small company but know they don't fall under the FMLA or ADA guidelines. Does anyone have any advice I can send to this woman? Should she get an attorney? Any help is appreciated.

bsa

Sometimes terminal cancer patients will qualify for Social Security Disability. I had an employee who did just recently. She should apply right away.

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 08-13-04 AT 07:08PM (CST)[/font][br][br]Given how small the company is, I wouldn't advise her to get an attorney - she needs all the money she has right now. Instead I would advise to her to go and talk to the owner of the company and explain her circumstances and see if they can reach a compromise. Hopefully, the owner will have a heart and be willing to work with this woman. She could apply for Social Security, but there are a lot of rules and she may not be eligible yet given her prognosis. However, she should definitely go and talk to someone at the Social Security office for more information. As an FYI sometimes the hospitals where someone is seeking treatment have special units devoted to cancer support. If her hospital does, they may be able to help her with Social Security and other issues. Also, she should definitely talk to her doctor, as he/she may know of other options available to her as well. I would also advise her not to retire or quit - that just gets the employer off the hook (rotten son of guns) for unemployment. The employer is terminating her employment, so they should at least be on the hook for UI costs. Her situation is heartbreaking to me - there ought to be a law that protects folks like her, but doesn't inadvertently pave the way for stupid protections for folks that just can't get their behinds to work.

Rockie

Why would they want her to quit or retire if she can do her job and gets to work every day? I suspect it has to do with experience on their medical insurance.

We have several employees with cancer who have never missed a beat at work except for the time they took off for their treatments. I wish all employees had the work ethic of these few folks.

I cannot imagine being this hard hearted. You never know when it might be "your turn".

Shadowfax

Most states have state statutes dealing with disabilities. Check with whatever department enforces. Any cancer organization should have information to get your sister to the proper resources to verify her employment rights. Good luck.

szemcumo

This too breaks my heart. My husband died 6 years ago of cancer. The school district he worked for was wonderful and let ees donate days to him while he was recovering from surgery. Never missed a days pay. He came back to work and worked til the end of June and died August 1st. I don't think this er can force her out unless they can prove she causes a danger to self or fellow ees and then it may be hard. Have her check all options but not to give up at er suggestion. My husband was told that he had to be disabled for 6 months before he could draw benefits he choose to work instead as long as he could. At the time we inquired he had been given 6 months to live so he was not alive when waiting period was over. Doesn't make sense to me but there was nothing we could do. Hopefully she will find some help out there and if she needs it later...hospice was a God send for us...very special people working a difficult job. My prayers are with her.

pork1

KARENOSI: Just remember that employers are people, too. The medical coverage of any employee in a group of covered employees share in the total insurance premium which is based on experience to the plan. With only 15 members of this group it easy to understand the companiews concerns for the entire plan. Additionally, the six month rule under SSA procedures is pretty fixed, but it does not mean that they never allow anyone to receive benefits prior, just not done with out the doctor's involvement and correct words. As long as the employee remains employed this 6 month rule is always there standing in the way of receiving SSI. Sometimes/many times it is to the employee's benefit for the company to stop being the carrier and let the systems in place take care of the sick employee!

My prayers and thoughts go to your friend and the company as they struggle with the right thing to do with this employee. Very definately no matter what she should seek out SSA, the cancer societies, her physician to seek assistance.

PORK

dynamite9551

have someone check with your life insurance carrier. sometimes in very unique circumstances (this being one of those times) the carrier will sometimes pay out a death benefit prior to a person's death. i'm sure there are extenuating circumstances and rules and a lot of documentation required - but i know that there have articles about life insurance carriers doing this. it's worth a shot. sometimes it could be to her advantage not to have coverage, because then she may be eligible for more assistance that if she has coverage.

pork1

DYNAMITE9551: THAT IS A GREAT THOUGHT! medic-aid, medicare, and SSA disability or benefits that are available to those with no financial support. We the company can make acceptions and hurt the "life long" benefits that are available. Social Security Office will give free counseling and enrollment information.

PORK,

sonny

[font size="1" color="#FF0000"]LAST EDITED ON 08-17-04 AT 12:51PM (CST)[/font][br][br]In our policy it was referred to as Accelerated Benefit. We actually had an employee who was able to collect 50% of the policy prior to his death. It was a huge help to them at the time.

Edit: in response to post # 7

karenosi

Thanks for your input. You have provided a number of options that I never thought of. I will print them to give to my sister and hopefully we can help this woman find the best solution, not only for herself but for the family she will leave behind.

jmcaa

Also check with the Life Insurance company. Ours has a waiver of premium for certain cases.