Business law?

Question

A friend was advised to resign her position after using all her sick days due to cancer treatments. This means she loses her benefits but without resigning was told she would be "awol" . Isn't there a law protecting her?

Answer 1

Yes, under FMLA, and no, she does not have to resign.

http://www.workplacefairness.org/index.php?page=familyleave#1

"Under federal law and some state laws, certain employees have the right to take up to 12 weeks of unpaid leave per year (any 12-month period) for the following reasons:
you have a serious health condition that keeps you from doing your job; you need to care for a sick child, spouse, or parent with a serious health condition;
you need to care for a newborn child, newly adopted child, or foster child.

If you are eligible, you may take family leave (leave to care for someone in your family) or medical leave (leave to seek care for or recover from your own serious health condition) without losing your job.

Under the law, your job is protected during your leave. When you return to work, your employer must give you either the same job you had before your leave, or a position with equivalent benefits, pay, working conditions, and seniority. Your employer must continue to pay for your health insurance coverage during your leave as it normally would have during your employment."