Legal Support
Know Your Rights at Work and Beyond
When you’re navigating breast cancer as a young adult, legal protections can make a real difference in how you balance treatment, work, and daily life. Laws such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and state-specific programs like Paid Family and Medical Leave (PFML) are designed to safeguard your job, protect you from discrimination, and provide options for medical or family leave.
This section will walk you through the basics so you can understand what protections may apply to you, when to use them, and how they can support you through your journey.
Your Rights Under the ADA
The Americans with Disabilities Act (ADA) is a federal law that protects people with disabilities—including many individuals with cancer—from discrimination at work. If cancer or its treatment affects your daily life, the ADA can help ensure you keep your job and receive the accommodations you need. Here is what ADA provides:
Job Protection
The ADA protects you from losing your job because of a disability
Job Accomodations
The ADA sets clear guidelines for the accommodations employers must provide
Disability Definition
The ADA defines cancer as a disability when the disease or treatment limits your “major life activities”
The Equal Employment Opportunity Commission (EEOC) enforces the ADA. By law, your employer must provide “reasonable accommodations” if you qualify. These adjustments are designed to help you continue working while managing treatment and recovery.
Examples of Possible Accommodations Include:
- Time off for medical appointments
- Time off to recover after treatment
- Short breaks during the workday to rest
- A modified work schedule
- Adjusted job responsibilities
How ADA Protection Works
Imagine a young adult with breast cancer who works as a computer sales representative. After a lumpectomy, chemotherapy, and radiation, they experience extreme fatigue for several months. To manage their energy, they take brief breaks throughout the day but must extend their hours to make up for the time. The longer workdays leave them even more exhausted and make it hard to care for themselves and their family.
According to the ADA, this situation qualifies as a disability. The cancer substantially limits their ability to work and to take care of family responsibilities—both considered “major life activities.”
Disability Pay Through Employers
In addition to the protections of the ADA, some companies also offer disability pay for employees who are seriously ill or injured. These plans usually require employee contributions before an illness occurs. If your workplace offers disability coverage, talk with your human resources department to understand how the plan works.
Job Protection Through FMLA
The Family Medical Leave Act (FMLA) helps protect your job if you need time away from work during cancer treatment. If you qualify, you can take up to 12 weeks of unpaid, job-protected leave. This time can be used in different ways, such as taking one day off each week for treatment or recovery, or using the full 12 weeks at once.
However, not everyone is covered by FMLA. Employers with fewer than 50 employees do not have to follow this law. To qualify for FMLA leave, employees in eligible workplaces must also meet these requirements:
- Work for the employer for at least 12 months before the request
- Log at least 1,250 hours during that year
If you meet these criteria, FMLA may allow you to step away from work when you need to, without worrying about losing your job.
For Massachusetts Residents: Paid Family and Medical Leave (PFML)
If you live in Massachusetts, you may have access to additional protections under the Paid Family and Medical Leave Act (PFML) of 2018. Unlike FMLA, PFML covers most Massachusetts businesses and provides paid time off for family or medical reasons. To qualify, you must have earned at least $5,700 in the prior 12 months.
Benefits Include:
- Up to 12 weeks of job-protected paid family leave
- Up to 20 weeks of job-protected paid medical leave
PFML makes it possible to care for your health or your family’s needs while still maintaining financial support and job security.