Workplace Rights During Cancer Treatment

Jul 1, 2025

Australian Employment Law and Practical Accommodations - Information about rights, flexible work arrangements, and how to navigate conversations with employers during treatment. A cancer diagnosis can mean a big change in your life, not only emotionally and physically but also professionally. Many Australians undergoing treatment may worry about taking time off, managing side effects, or even facing workplace discrimination[1]. Fortunately, Australia’s legal framework provides protections and pathways for those navigating cancer and employment. In this article, we’ll explore your workplace rights, flexible work options, how to approach conversations with employers, and where to access support.

Your Rights in the Workplace

When applying for a job, you are not legally required to disclose a cancer diagnosis or your medical history[2]. However, you must be honest about whether you can safely perform the essential duties of the role, particularly if your condition poses a risk to yourself or others. Your employer is also legally bound to keep your health information private and may only share it with your consent or where legally required, giving you peace of mind.

There are several laws designed to protect you in the workplace:

Fair Work Act 2009 – Protects against unfair dismissal or adverse treatment due to temporary illness.
Disability Discrimination Act 1992 – Recognises cancer as a disability and safeguards your right to fair and equal treatment.
Privacy Act 1988 – Ensures your personal health information is handled with strict confidentiality.

Flexible Work Arrangements

Cancer treatment often requires time away from work or adjustments to your usual duties. It’s essential to communicate with your employer about any leave you may need. If your role allows for remote work, consider asking whether working from home is an option. You may also want to discuss temporary changes to your hours, duties, or workload to better accommodate for your health[3].

Under the Fair Work Act, you can request flexible working arrangements in writing, clearly outlining what changes you’re seeking and why. If your job is physically demanding, consider asking for modified duties. It's important that your proposal is realistic and balances your needs with your employer's requirements[4].

Navigating Conversations

As mentioned, you are not obligated to disclose your diagnosis, but being open with your employer can help ensure you receive the right support. If your condition impacts your ability to perform your job, it’s generally best to initiate a conversation.

Choose a time and setting where you can speak privately and without interruptions. Prepare for the discussion by having all relevant details on hand, including:

Your diagnosis
Treatment plan
Any expected impact on your work

This allows you to present a clear and confident picture, alleviating concerns your employer may raise, while also reinforcing your commitment to your role[5].

Being proactive and transparent will help reduce uncertainty for your employer and foster a supportive work environment during your recovery.

Relevant Resources

If you need further support or advice, the following organisations can help:

Fair Work Commission – fwc.gov.au or call 1300 799 675
Fair Work Ombudsman – fairwork.gov.au or call 13 13 94
Australian Human Rights Commission – humanrights.gov.au or call 1300 369 711
Cancer Support Groups – Contact local health networks or cancer councils in your area for emotional and peer support. Read more here