Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

Pursuant to the federal Family and Medical Leave Act (FMLA), eligible employees can take up to twelve weeks of unpaid leave per year if they are incapacitated due to a serious health condition. Employers may not interfere with an employee’s right to take FMLA leave by, for example, firing or disciplining an employee who requests or takes leave. When an employee brings a lawsuit for violation of the FMLA, it is up to the employee to prove that he or she had a serious health condition under the FMLA.

The FMLA defines a “serious health condition” as an illness, injury, impairment, or physical or mental condition that involves (1) inpatient care in a hospital, hospice, or residential medical facility; (2) incapacity for more than three days with continuing treatment by a healthcare provider; (3) pregnancy or prenatal care; (4) permanent or long-term incapacity; (5) chronic health conditions; or (6) multiple treatments for restorative surgery after an injury or for a condition that would result in incapacity for more than three days if not treated.

If it meets one of these definitions, substance abuse qualifies as a serious health condition. In this situation, an employee may use FMLA leave for rehabilitation and treatment for substance abuse. However, an employee may not use FMLA leave to recover from the effects of substance abuse (such as a hangover or drug-induced incapacity). And, an employee may be fired for substance abuse, if the employer has an established policy, which it has communicated to employees, of doing so. The employee can’t be fired for taking FMLA leave alone, but an employee who is using FMLA leave for treatment or rehab may be fired for the underlying substance abuse.

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

Source: NOLO