CNA Explains: A cancer survivor who needed work flexibility was forced to quit – what went wrong?

The school’s HR executive wrote back asking if this was “just a recommendation” or “mandatory”, adding that the woman “cannot work from home during school term” as she was “in a student facing role”.

The court viewed this not as a genuine attempt to clarify the doctor’s advice, but as questions framed to press him to retract his advice.

“If you’re going to keep pressing doctors and medical professionals until their opinion changes to something you like, that won’t cast you in a good light,” said lawyer Mr Ngo, adding that “this could all come out as evidence” if the case goes to court.

What else is good HR practice when it comes to workers’ health needs?

IHRP’s Ms Lee said the takeaway is for HR practitioners to understand the individual worker’s situation, consider medical advice carefully, engage the employee genuinely and work through the practical options available.

“HR needs to be able to understand medical advice, have difficult conversations with sensitivity and apply policies with good judgment,” she said.

“Good HR judgment involves balancing the needs of the individual with those of the organisation, while ensuring that decisions are fair, considered and grounded in the circumstances at hand.”

A supportive culture at work is not demonstrated by a policy or statement of intent alone, she added.

“It is reflected in the decisions and actions taken in practice.”

What if I’m not recovering from a major illness, but have other health needs?

Lawyers said that the cancer survivor’s case has parallels with how employers are expected to respond to other types of health conditions.

Ms Ong, who also sits on the board of charity Fertility Support SG, said a similar duty of care could apply to workers struggling with infertility.

“It could be someone going through fertility treatments as well, and then if (the worker) brings it up, then the employer would have the duty to look into the issue and respond to it if there are concerns,” she said.

The duty of care does not seem confined to those returning to work after treatment, but could be for people undergoing treatment while working, or suffering from chronic but less life-threatening conditions, she said.

“Someone is going through something. Their needs need to be accommodated because of medical treatment.

“Same as if they’re going through fertility treatments, then they need to go off early for appointments, they need to take injections. It’s about being accommodating to these various medical needs that they have,” she said.

Mr Ngo pointed to an upcoming tripartite advisory on reasonable accommodations for persons with disabilities, which could contain “practical guidance” for accommodating workers returning from major illness too.

The advisory is being developed by the manpower ministry with employers, workers’ unions and social service agencies.

Earlier this year, NTUC asked the ministry to consider expanding the advisory to explicitly cover workers recovering from injuries and serious health conditions.

The manpower ministry said it would review the support system for recovering employees who are returning to work, including how to encourage and equip employers to accommodate them.