1. Health Insurance Portability and Accountability Act (HIPAA)

Although HIPAA provides detailed guidelines regarding privacy and maintenance of health-related information, the act applies only to “covered entities” which are:  healthcare providers, healthcare clearing houses, health insurance plans, and any entity which acts as one or more of the these.  Therefore a typical Fortune 500 company, such as General Motors or IBM, will not be covered by HIPAA.  Nevertheless, companies can be encouraged through Principles 1 and 4, to follow the example set by HIPAA to ensure that all medical records are locked and access is limited to Human Resources, the employee, and his or her supervisor. 

For additional information: http://www.hhs.gov/ocr/hipaa/

2. Americans with Disabilities Act (ADA)

The ADA requires employers to make reasonable accommodations for applicants or employees with disabilities.  A reasonable accommodation means any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.  A disabled employee is one who is substantially limited in performing a major life activity when using a mitigating measure. 

Current cancer patients are disabled people under the ADA; people who have recovered from cancer are similarly protected by the ADA if they are perceived as disabled due to their history of cancer.  Under the ADA an employer can establish attendance and leave policies that are uniformly applied to all employees regardless of disability, but may not refuse leave requested by a disabled employee if other employees get such leave.  The reasonable accommodation requirements are most relevant to Principles 5 and 6, which address flexibility in the workplace.  Reasonable accommodations for employees with cancer include time off for treatment, breaks from work, job sharing, telecommuting, and similar measures.

For additional information: http://www.usdoj.gov/crt/ada/adahom1.htm

3. Family Medical Leave Act (FMLA)

FMLA Eligible employees are entitled to a total of 12 weeks unpaid leave during any 12-month period for any of the following reasons:  birth of a child, placement of an adoptive or foster child, care for an immediate family member with a serious health condition, or to take leave when the employee is unable to work due to a serious health condition. 

An FMLA eligible employee is one who has been employed for at least 12 months, has worked at least 1,250 hours during the 12 months immediately preceding the leave, and is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.  All employers with 50 or more employees are covered by the Act. 

Under the notice requirements of the Act, a covered employer must notify all eligible employees of the availability of FMLA leave and must provide written notice when an employee requests leave.  An employee who returns from FMLA leave is entitled to be restored to the same or an equivalent job (defined as one with equivalent pay, benefits, responsibilities, etc.).  The employee is not entitled to accrue benefits during periods of unpaid FMLA leave, but the employer must return him or her to employment with the same benefits at the same levels as existed when leave began.  The leave and reinstatement requirements relate specifically to Principles 2, 3, and 6.

For additional information: http://www.dol.gov/esa/whd/fmla/