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FMLA for substance abuse treatment
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For the last 4 years a professional EE with substance abuse/alcohol/depression has been out (with little notice) on FMLA for treatment annually. Typically occurs before/after holiday season.&nbs
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FMLA for substance abuse treatment

posted at 1/5/2012 12:30 PM EST on Workforce Management
Posts: 3
First: 1/5/2012
Last: 1/9/2012
For the last 4 years a professional EE with substance abuse/alcohol/depression has been out (with little notice) on FMLA for treatment annually. Typically occurs before/after holiday season.  Absence from work eventually turns into FMLA after several days of being "out sick".  Eventually EE produces FMLA certification for absence for in or out patient treatment.  Supervisor has lost patience and would like to know how many "strikes" does this EE get for treatment for substance abuse/alcohol.  My understanding is there is no limit on FMLA as long as EE is seeking treatment and no disciplinary action may be taken.  The EE also has ADA considerations.   Any thoughts on managing these types of leave?
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Re: FMLA for substance abuse treatment

posted at 1/5/2012 12:57 PM EST on Workforce Management
Posts: 215
First: 9/20/2011
Last: 5/14/2013
In Response to FMLA for substance abuse treatment:
For the last 4 years a professional EE with substance abuse/alcohol/depression has been out (with little notice) on FMLA for treatment annually. Typically occurs before/after holiday season.  Absence from work eventually turns into FMLA after several days of being "out sick".  Eventually EE produces FMLA certification for absence for in or out patient treatment.  Supervisor has lost patience and would like to know how many "strikes" does this EE get for treatment for substance abuse/alcohol.  My understanding is there is no limit on FMLA as long as EE is seeking treatment and no disciplinary action may be taken.  The EE also has ADA considerations.   Any thoughts on managing these types of leave?
Posted by EdHR


Three questions
Is this person meeting all their job duties at a satisfactory level?
How do you know the absences are always for substance abuse?
Re ADA has accomodation question been posed to the employee?
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Re: FMLA for substance abuse treatment

posted at 1/6/2012 1:33 PM EST on Workforce Management
Posts: 215
First: 9/20/2011
Last: 5/14/2013
Based on what you have stated, you may not have grounds for termination until the performance counseling does not result in satisfactory performance. Of course this assumes that you are handling all other non disabled folks  with performance issues in exactly the same fashion.
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Re: FMLA for substance abuse treatment

posted at 1/6/2012 2:32 PM EST on Workforce Management
Posts: 3
First: 1/5/2012
Last: 1/9/2012
  • In Response to Re: FMLA for substance abuse treatment:
    In Response to FMLA for substance abuse treatment : Three questions Is this person meeting all their job duties at a satisfactory level? How do you know the absences are always for substance abuse? Re ADA has accomodation question been posed to the employee?
    Posted by howard7

See answers below

Performance has been marginal at time and satisfactory at other times. There has been counseling.

FMLA certification documents substance abuse.

Any accomodation (i.e. reduced work schedule) was requested and approved in the past.
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Re: FMLA for substance abuse treatment

posted at 1/9/2012 11:27 AM EST on Workforce Management
Posts: 3
First: 1/5/2012
Last: 1/9/2012
In Response to Re: FMLA for substance abuse treatment:
Based on what you have stated, you may not have grounds for termination until the performance counseling does not result in satisfactory performance. Of course this assumes that you are handling all other non disabled folks  with performance issues in exactly the same fashion.
Posted by howard7


Thanks Howard.  I agree. 
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