Is Drug Addiction Covered Under FMLA?
Question by Melissa W: Is drug addiction covered under FMLA?
My brother is currently detoxing from an Oxycontin and Heroin addiction. His boss has agreed to hold his position for him for as long as he can but this is probably going to be long battle for my brother, atleast a couple months. He genuinely feels he will not have a job to go back to once it’s said and done and he desperately needs it as it was the only place he had that didn’t bring him into contact with drugs, and he needs stability and to be able to return to normal when this is all said and done.
I know addiction is classified as a disease, would it be covered under FMLA if he sought medical attention for it? He is current detoxing on his own but he has an appointment with a doctor (family friend as well) on February 9th.
Please don’t be rude or preach to me. He is my brother and my best friend and my family is going through hell right now. I appreciate any advice, expertise, or experiences you have had.
Best answer:
Answer by iRun
The best thing to do is talk to a lawyer who knows the ins and outs of disability and/or employment law. However, from just a cursory reading of the Code of Federal Regulations, substance absue may qualify as a “serious condition” under FMLA; however, your brother likely needs to be under the care of a physician to qualify. Specifically, the CFR states:
“Substance abuse may be a serious health condition if the conditions of this section are met. 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. On the other hand, absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.”
You can read this entire section of the CFR online at the Department of Labor’s website:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm
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