What is available when you tap into your employee benefits varies from employer to employer. One consistent piece is the Family Medical Leave Act (FMLA) of 1993, which under federal law provides employees with up to twelve weeks of unpaid leave for their own serious illness, the birth or adoption of a child, or care of a seriously ill child, spouse, or parent. Depending on your company's policy, the definition of eligible employees may vary for length of employment and part time status. For purposes of the FMLA, a “serious health condition” is any illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health-care provider. Some states have their own FMLA, which may provide different and better benefits than the federal law, so check your state law.

Breast cancer treatment is covered under the FMLA, but it is up to the individual whether to take a full leave or part-time leave to accommodate breast cancer treatments. And that decision must be approved by a doctor. Many women receive much support in their work environment and working provides a distraction during treatments, as well as keeping a sense of normalcy in their lives. Once again, knowing yourself and what will be of help to you needs to be at the core of how you want to proceed. You can always change your decision if it is not working for you. You may find that keeping up with the normal work day is too stressful while going through cancer treatments or you may be experiencing many side effects from treatment that make you feel as though you are not pulling your weight at work.

Generally, FMLA leave is unpaid; however, you can usually use your accrued sick time and vacation time first. During your leave, your employer will continue to pay into your health benefits so you will be responsible for paying your portion. It is very important to keep up with payments so that your insurance benefits do not lapse. Breast cancer treatment is very costly and you must keep on top of it. If you are unable to do this, assign someone you trust to take care of this for you.

The first thing to do when you are ready is go to your human resources department at work to find out what your benefits are. You may have short-term disability or long-term disability that you may want to access. If you are going to request a leave, make sure you understand the stipulations of the FMLA. Most employers will require documentation of your request and medical certification from your physician periodically and will also need to be notified of any changes of your status or extensions. You must inform your employer of your status and when you intend to return to work. Your employer will want to hear from you periodically and will work with you on your return. Initially your doctor will need to clear you medically to return to work and you may only be able to work part time. This will also have to be worked out with your human resources department and your supervisor. The decision to work and how much, whether full time or part time, during and after breast cancer treatment varies from individual to individual depending on her circumstances.

At the end of your allowed medical absence, your employer is obligated to reinstate you to your previous position or equivalent position at the same pay and with the same benefits. Unfortunately not all employers comply with the requirements of FMLA, and this law will protect you during your breast cancer treatments. If you feel that you have been unfairly treated, you may want to consult an attorney who specializes in employment discrimination issues. At this time in your breast cancer journey, this type of conflict should be avoided if possible and needs to be balanced with your medical care needs. You need to conserve your energy to optimize your medical care and outcome.