You may or may not be legally protected against discrimination at work by laws such as the Americans With Disabilities Act (ADA). Breast cancer as such does not automatically qualify. There needs to be an affect on your daily life. In any event, a lawsuit is a last resort. It is preferable to negotiate for what you need. If necessary, let your employer know that you are aware of the rights people with breast cancer have under the Americans With Disabilities Act. While not asserting that you are covered legally, the reminder of the existence of the law may encourage your employer to do the right thing. (Note that we are not suggesting you say you are covered by the law if you are not.) (For more information, see: Work How To Request  And Negotiate An Accommodation At Work

• Get as many health related benefits from work as you can, such as health insurance, disability income insurance, and long term care insurance. Increase the amount of your life insurance. In addition to benefiting your estate, if you become ill you may be able to access money while you are alive. (See: New Uses Of Assets: A Living Benefit From Your Life Insurance)
• Take those credit card offers sent to you because you are employed. See: Credit: Score, Getting, Fixing, Maximizing Use
• Keep track of facts at work that could have any bearing on a claim that you are being discriminated against because of your health condition "just in case." A good place to keep track is in a Work Journal.
• Start planning at work in case you eventually have to leave work to go on disability. It doesn't take a lot of time - and will be invaluable "if." See: Preparing In Case Of Disability: Long Term

Consider doing something to acknowledge the extra work co-workers did to help you through treatment. Even just saying "thank you" will be appreciated.

Start doing what you can at work to make your situation better in case of future need. For instance:

• If you have a choice of health insurance policies, choose one from the point of view of a person with cancer (We provide help with our Cancer Health Plan Evaluator).
• Consider increasing the amount of your life insurance. Even people with a health condition can usually do this once a year. In addition to leaving money for your beneficiaries, you may be able to access money from life insurance while alive in case you need it. See: New Uses Of Assets - A Living Benefit From Your Life Insurance Policy
• Learn how to maximize time off using your employer's benefits such as Sick Leave and your rights under laws such as the Family Medical Leave Act.

For more information, see:

• If You Run Into Problems At Work  
• If You Are Considering Changing Jobs Or Careers
• How To Think Ahead At Work "Just in Case"  
• If You Are Unable To Work Or May Be Unable To Work In The Foreseeable Future  

NOTE: It is not unusual for women who have gone through treatment for breast cancer to reevaluate what is important, including wanting a different kind of satisfaction at work or a different balance between work and play.

An underpinning common to long term survivors is the attitude of living each day until you can't. Applied to the work situation, this means: do what you can to find the work that is most satisfying to you and that fits into your work/personal time balance - while doing whatever is necessary to keep or obtain good health insurance coverage.

If you are not satisfied with your job, or want to earn more money or get better benefits, job lock because of a health condition is a thing of the past.

• You do not have to tell a new employer about your breast cancer history thanks to the Americans With Disabilities Act.
• A new employer cannot ask. Your current health insurance counts as a credit against any waiting period a new employer's health insurance imposes on new hires for preexisting conditions thanks to a law known as HIPAA. 

Is this a time to become self employed or to start your own business? See Self Employed and Work: Self-Employment - Getting Started

NOTE: 

• This articlecontains information particularly relevant to women with breast cancer who have recently completed treatment.  For additional work subjects of interest to women with breast cancer, see: Work: At Work.
• If you are returning to work after being off work because of your treatment, read about returning to work in the Survivorship A to Z document: "On Disability."
• If you are a small business owner with one or more employee, click here.
• If you are self employed, click here.

You may or may not be legally protected at work against discrimination and you may have a right to a change in the way you work in order to accommodate your needs (an "accommodation) thanks to laws such as the Americans With Disabilities Act (ADA). Breast cancer as such does not automatically qualify. There needs to be an affect on your daily life.

Whether you are protected or not, a lawsuit to enforce whatever rights you have  is a last resort.

It is preferable to figure out what you need and then to negotiate for it. (If you are not good at negotiating yourself, ask someone to do it for you).

 If necessary, let your employer know that you are aware of the rights people with breast cancer have under the Americans With Disabilities Act. While not asserting that you are covered legally, the reminder of the existence of the law may encourage your employer to do the right thing. (Note that we are not suggesting you say you are covered by the law if you are not.  or to threaten a lawsuit. Most people do not respond well to a threat).

For negotiating tips, see: Work: How To Request  And Negotiate An Accommodation

Your health history is no longer a block preventing you from changing jobs or from getting health insurance from a new employer.

• A prospective employer cannot ask about your health history. You can write your resume to avoid calling attention to missed time. Learn about an employer’s benefits indirectly or with cover so it doesn’t look as if benefits are as important to you as they are – especially health insurance.
• A new employer is allowed to include a waiting period of up to 12 months before its health insurance covers pre-existing health conditions (your breast cancer). However, a new employer must offset against that period the amount of time you had your existing coverage as long as you are not without insurance for more than 2 months. (If you had your insurance for 12 months, there will be no waiting period for health insurance).

Before moving to a new employer, check the employer's benefits. In addition to health insurance, particularly look for disability income insurance and life insurance. Even if you don't need life insurance for a beneficiary, it can become an asset that you can sell if you become sick.

It is advisable to tell a new employer about your breast cancer history after the job offer but before starting work so you can take necessary time for doctor appointments and follow-up tests. Of course, emphasize that you are now in good health and expect to stay that way.

If something happens that you may become disabled, start planning.

For information, see:

• Work: Seeking New Employment
• Work: Changing Your Job Or Career
• Work: Benefits Offered By Employers

Look at your employer benefits to maximize them in case of future need.

• Do whatever you can to get or keep health insurance. (If you don't have health insurance with your current job, think about changing jobs to an employer who provides health insurance, such as the government. See: Changing Your Job Or Career)
• Each year you may be able to pick a new health insurance policy. Pick the best one from the point of view of a person with cancer. (Survivorship A to Z shows you how in our Cancer Health Plan Evaluator).
• Take Disability Income Insurance and Long Term Care Insurance if they are offered.
• Take life insurance. Increase the death benefit on any policies you have. Even people with a health condition can usually do this once a year. In addition to providing for your heirs, you can get money from a life insurance policy while alive. 
• Learn how to maximize time off using your employer's benefits such as Sick Leave and your rights under laws such as the Family Medical Leave Act.

Sock as much money as you can into tax deferred savings accounts such as a 401(k) or a Health Savings Plan. See: Tax Advantaged Savings Plans

Create an Emergency+Fund. The key is to put as much cash aside as you can in case of recurrence. 

While you are employed, you likely receive credit card offers in the mail. Consider taking the cards. Taking the cards is not the same as using them - except to the minimum extent needed to keep them in force. Credit will be valuable if your breast cancer returns or if another type of cancer appears.

Insurers think of disability as something that happens at a defined moment. In reality, you have some control over whether and when you will be considered to be disabled for purposes of an insurer's programs or insurance such as Social Security Disability Insurance (SSDI). To prepare "just in case": 

• Each time you see your doctor, tell him or her about how your health condition affects your work. Ask the doctor to include this information in your medical record. This information will serve as a record that bolsters your eventual claim. It will also give your doctor a better understanding of how your life is being affected by your health condition.
• Consider seeing a mental health therapist. In addition to helping during your transition, a diagnosis of a mental condition such as depression can be considered to be a disabling condition in and of itself. 

To learn more about Social Security Disability Insurance and related programs, see the articles in "To Learn More."

If you may need to stop work:

• Learn how to maximize time off without pay. See: Work: Time Off Because Of Health
• Learn about the disability income sources to which you may be entitled.
  • Check benefits at work.
  • Look at the requirements for obtaining Social Security Disability Insurance (SSDI). You paid premiums for SSDI coverage from withholding.
  • Check to see whether you qualify for Supplemental Security Income (SSI).
• If you are going to apply for SSDI or SSI: Only one third of applicants for SSDI are awarded an income. We provide easy-to-use information for applying as an educated consumer that makes it more likely to get a "yes" when applying for SSDI and/or SSI. Click here for tips about applying for SSDI and here for SSI.
• If you already have an income from either SSDI or SSI: we provide information about keeping your income, including what to do if an investigator shows up. We also provide tips to make the transition to disability easier and explain your ongoing rights, such as keeping Medicare. Click here.
• If you have health insurance through work and will continue coverage through a COBRA type law, start thinking about how to pay for the premium. Health insurance is critical to good health care. (Check to see if you can get less expensive health insurance individually in your state. See: www.healthcare.gov )
• See:
  • Work: Preparing For Disability -- Short Term
  • Preparing In Case Of Disability: Long Term

Home health care is available for many situations that used to require hospitalization. Home health care is generally covered by health insurance.

Get your legal affairs in order. (We call the subject "Planning Ahead"). Please do not assume from this that we are suggesting you are going to die sometime soon. Your prognosis depends on many factors, including the type of cancer, your physical condition and your access to the best cancer care. However, it is better to be safe than sorry. What we are suggesting is what we suggest to everyone. Life is fragile.