Coping in the workplace with the serious illness of a fellow employee
After getting a frightening medical diagnosis people often struggle with who to tell and when.
Confiding in close relatives and friends is pretty much a given, but what about the boss? Colleagues?
If a worker is diagnosed with a serious illness, such as cancer, multiple sclerosis, or chronic fatigue syndrome, they are under no obligation to tell their employer unless it has started to impact their ability to do their job, says Kelly VanBuskirk, a Saint John lawyer who specializes in labour and employment law, personal injury law, and general litigation.
The question of disclosure then becomes a personal one, but Sally Wells DiCarlo, a Fredericton-based workplace consultant, recommends telling employers and team members as soon as possible.
"Someone who is just trying to cope with an illness may not tell anyone at work," says Wells DiCarlo.
"But, people know when something is up, it puts others in an awkward position, and, of course, there will always be the rumour mill - people will talk."
At the very least, the workplace consultant says, the sick worker should confide in their boss, who usually must abide by strict confidentiality rules.
If a worker needs time off for treatment, to rest during breaks, or any other accommodations, if the boss knows what is going on then they can help, says Wells DiCarlo.
If a manager has not dealt with having an employee with a serious illness before, they should consult their company policies on the matter and their human resources department to ensure they are following the law, says Van Buskirk.
Workers, too, should educate themselves on their rights to make sure they are getting fair treatment, adds the lawyer.
Dealing with serious illness in the workplace is only going to become more of an issue as the workforce ages and the next generation - which is know for its sedentary nature and high obesity rates - enters the work world, says Wells DiCarlo.
Already over the past four to five years, Van Buskirk has seen an increase in illness-related issues at work that have become legal issues.
While the Saint John lawyer says most are settled out of court, one of the highest-profile cases involved medical conditions at work is currently under appeal at the Supreme Court of Canada.
The Keays vs. Honda Canada Inc. case first hit the national radar in 2005 when the Ontario Superior Court awarded Kevin Keays, a long-time Honda worker with chronic fatigue syndrome, a landmark $500,000 in punitive damages after he sued for wrongful dismissal.
Employees can avoid some problems if they are up-front with their boss and are prepared with doctor's notes and any other paperwork that will clarify and verify their condition. And companies can avoid issues by doing their homework to understand the workers illness and their responsibilities from the outset, the lawyer says.
"Also, workers need to demonstrate they are anxious to work as much as they possibly can," says VanBuskirk.
"And they should facilitate any accommodations to show that this isn't just an attempt to stay home."
Co-workers should also make sure they are abiding by the law and not discriminating against an ill colleague, says the lawyer.
In general, workplaces do not tend to discuss serious illness at work until it becomes an issue, so when illness does hit a workplace, the worker, team members and the boss need to get educated on their rights and responsibilities quickly, says Wells DiCarlo.
Extended leaves of absence due to illness can also be problematic.
If and when a worker takes an extended period off due to serious illness, and then returns, it can send an office into a tailspin. Another person may have gotten comfortable filling in, co-workers may be bitter they were given a heavier workload in the interim and some people may be surprised or bitter when the worker returns, says the workplace consultant.
Most companies have a return-to-work program set up for these situations, but usually it is only the returning worker who will meet with an expert on how to reintegrate into the workplace.
Wells DiCarlo says companies should ensure they provide assistance to everyone who needs it, not just the returning worker.
"When people have been away for an extended period, some may expect they're not coming back," says Wells DiCarlo.
"Some may have even been glad a colleague was gone... It can be awkward at first, there should be assistance in place for everyone to talk about their fears, hopes and expectations about the return."
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