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  • 29 CFR § 825. 119 - Leave for treatment of substance abuse.
    However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider
  • Does an Employer Have to Offer Drug Rehab Before Termination: Rights . . .
    Many employees wonder whether their employer must provide drug rehab before moving to termination; the short federal answer is usually no, but important protections and exceptions can require employers to consider leave or accommodations in certain circumstances
  • FMLA Compliance Assistance, FMLA-59 - U. S. Department of Labor
    If the employer has such a policy that provides under certain circumstances an employee may be terminated for substance abuse, the employee may be terminated pursuant to that policy whether or not the employee is presently taking FMLA leave
  • elaws - Family and Medical Leave Act Advisor - DOL
    Absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave The employer may not take action against the employee because the employee has exercised his or her right to take FMLA leave for substance abuse treatment
  • Can You Fire an Employee on FMLA Leave? 5 Times Courts Said Yes - HRMorning
    Terminating an employee during FMLA leave is a legal minefield – but sometimes it’s lawful A ruling from a federal appeals court clarifies when you can move forward – and when it’s likely to blow up in your face
  • Can I Be Fired for Going to Rehab? Know Your Rights
    If your employer has an established, uniformly applied substance abuse policy that has been communicated to all employees, the employer can terminate you under that policy even while you are on FMLA leave for treatment
  • Can You Terminate an Employee on FMLA? - LegalClarity
    It is illegal for an employer to terminate an employee because they took FMLA leave Such an action constitutes unlawful retaliation or interference Interference involves discouraging an employee from exercising their FMLA rights, while retaliation involves punishing an employee for having done so
  • Can I Get Fired For Being an Alcoholic or Drug Addict?
    While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict
  • Can You Terminate An Employee For Rehab
    An employer may fire an employee for addiction-related job performance issues, as neither the Family and Medical Leave Act (FMLA) nor the Americans with Disabilities Act (ADA) protects current drug users
  • Firing an Employee Not Eligible for FMLA | Freeburg Granieri
    Learn the legal aspects of terminating employees on medical leave, including FMLA considerations, potential laws, and best practices for employers





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