How to Support Employees with Breast Cancer



Breast cancer remains the second most common cancer affecting women in the U.S., with approximately 264,000 new diagnoses and 42,000 deaths each year, according to the CDC. Although less common, men account for around 1% of cases as well.

When an employee is diagnosed with cancer, they may require extended time away from work for treatment and recovery, as well as workplace accommodations. Some may be open about their experience, while others may choose to keep it private. No matter the approach, it’s essential for employers to understand their responsibilities—and the impact that compassionate support can have on the employee’s experience.

This guide highlights key legal considerations and best practices for employers when supporting a team member with breast cancer or another long-term illness.

Legal Protections to Keep in Mind

The Family and Medical Leave Act (FMLA)

The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period. This includes leave for the employee’s own serious health condition, which typically applies to cancer diagnoses due to the need for ongoing treatment and recovery time.

Here’s a breakdown of how the law works:

• Covered Employers: Businesses with 50 or more employees for at least 20 workweeks in the current or previous calendar year.
• Employee Eligibility: The employee must have worked for the employer for at least 12 months, logged 1,250 hours in the past year, and work at a location with 50 or more employees within 75 miles.
• Qualifying Reasons: Leave can be used for personal health conditions, to care for a family member with a serious condition, for bonding after childbirth or adoption, or in connection with military service.

Returning to Work After FMLA

When FMLA leave ends, employees must be reinstated to the same or an equivalent position. “Equivalent” means similar duties, responsibilities, skills, schedule, and pay. Employers generally cannot place returning employees into different roles unless those roles are equal in all significant ways.

There is an exception: employees on FMLA are not shielded from broader company actions, such as layoffs, that would have affected them regardless of their leave status. In such cases, it’s important to document the business rationale clearly.

The Americans with Disabilities Act (ADA)

An employee undergoing cancer treatment is likely covered by the ADA, which protects individuals with disabilities and requires employers (with 15 or more employees) to provide reasonable accommodations.

Accommodations can include:

• Modified schedules
• Remote work
• Medical leave beyond FMLA
• Adjustments to job duties

If the employee isn’t eligible for FMLA or has exhausted their FMLA leave, the ADA may still require the employer to provide additional time off as a reasonable accommodation—unless it creates an undue hardship.

Employers should be familiar with key ADA terms:

• Disability
• Reasonable accommodation
• Undue hardship
• Interactive process

These concepts form the basis for understanding and applying the law correctly.

Don’t Forget State Laws

Many states have family and medical leave laws that offer additional protections or benefits beyond federal requirements. Some states also mandate paid sick leave, which may provide further support for employees undergoing treatment.

Always apply the most employee-friendly provision across applicable laws when determining leave eligibility and accommodations.

Consider a Personal Leave Policy

Even if a situation isn’t covered by FMLA, ADA, or state laws, employers may choose to offer a personal leave of absence as a flexible option for employees facing serious personal challenges. This type of leave is discretionary but must be applied fairly and without discrimination based on protected characteristics like age, race, gender, or disability.

A well-structured policy can offer additional time off in situations that don’t fall under mandated leave laws, providing reassurance to employees during difficult times.

Protecting Employee Privacy

When an employee takes leave for medical reasons, it’s important to respect their right to privacy. Unless the employee chooses to share their diagnosis, others in the workplace should only be informed that the employee is on a leave of absence.

Employers are legally obligated to keep personal health information confidential under various laws and best practices. If an employee does wish to share details with colleagues, support them in whatever way aligns with their comfort level.

Final Thoughts

Supporting an employee with breast cancer—or any long-term illness—requires both empathy and a strong understanding of applicable laws. By offering flexibility, respecting privacy, and ensuring legal compliance, employers can make a meaningful difference in an employee’s recovery and overall well-being.