Would this still qualify?

LindaS

An employee has been diagnosed with cancer, has gone through the required treatment (surgery, radiation, etc.) and has returned to work. Now the employee is required to have periodical physician's visits to ensure the cancer has not returned. Would the follow-up treatments still be covered under FMLA or since she has been considered "cured" would FMLA no longer apply?

Margaret Morford

ADA also covers people with a "record of a disability" (This is what covers recovering alcoholics and drug abusers). It also has been used to cover any follow up care required after cancer. I'm not sure whether some of the more recent conservative Supreme Court rulings have changed this interpretation.

I also think that from an employee morale standpoint, you'd probably want to accomodate this. Run your FMLA at the same time.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
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