FML for illegal substance abuse?

I searched for an answer to my question but couldn't find anything on the Forum so I would appreciate some help. If an employee is being treated for substance abuse (marijuana and cocaine) would that time off fall under FML? I know alcohol treatment is considered a serious health condition and is covered as long as the employee is seeking rehab, but how about illegal substances? Thanks.


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  • I assume he will be getting you a medical certification from the physicians associated with the program. He will therefore be under the continuing treatment of a physician and on a regimen of treatment that would meet the FMLA definitions.

    What if he applied for FMLA because he was hospitalized following a car wreck he had while trying to outrun the cops after speeding through a traffic signal? Those are illegal as well.

    In approving FMLA, we have to look at the paperwork in relation to the requirements of the Act and not get into an analysis of the root causes for the situation that causes or leads to absences.

    Just my opinion.
  • I agree. I recently gave someone FML for a month in a substance abuse clinic to treat an addiction to crack cocaine.
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