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Breast cancer and your work rights

Being diagnosed with cancer is a traumatic experience – and the last thing you want to worry about is the effect it might have on your job. But what are your rights? iVillage expert Rachel Lewis explains how the law can protect you

It may be some time before the initial shock of a breast cancer diagnosis subsides sufficiently for you to take stock of the impact that it is likely to have on various areas ofyour life. In order to give you an overview and enable you to take stock, here are some guidelines as to what you can and should expect of your employer.

Time off
You'll probably need to take time off for tests and consultations. There's no automatic statutory right to time off for this kind of appointment – but most employers are flexible, and you may also have a contractual right to time off for medical appointments (check your contract/the staff handbook). Sometimes you may be requested to make such appointments at the beginning or end of the working day to reduce disruption. In an absolute worst case scenario, you may have to take time off as sick leave.

Sick pay
When you are absent for treatment or recovery, you will be entitled to statutory sick pay (SSP). This is subject to the statutory limit of 28 weeks in three years. You may also be eligible for contractual sick pay over and above the statutory entitlement. This will depend on the terms of your contract. SSP is currently £64.35 per week. Some contracts provide for, say, four weeks full pay per rolling 12-month period, increasing depending on length of service. Others specify periods of full pay followed by further periods on reduced pay. There may also be provisions in your contract about whether and when you are required to provide a doctor's certificate or complete a self-certification form. You should follow these requirements to make sure you are not in default of any contractual provisions.

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