rehab and FML

mushroomHR

I know if an employee is going to rehab for alcohol abuse we can put them on FML during the time they are seeking treatment. I'm thinking this offer would not apply to someone going to rehab for illegal substance abuse. My thought is that alcoholism is a disability covered under ADA but illegal substance abuse is not, therefore FML could not be used. Am I correct? Thanks.

SMace

You don't have to qualify under ADA to get FMLA.

So, someone could be covered under FMLA for illegal substance abuse.

Though it does not matter in relation to the FMLA request, illegal drug use could be covered under ADA.

mushroomHR

I know that you don't have to qualify under ADA to get FML, however, a recovering alcoholic is covered under ADA whereas an illegal substance abuser is not. How could illegal drug use be covered under ADA and/or FML if an employer can terminate an employee for illigal substance abuse?

SMace

Here's how. Someone walks into your office with FMLA papers that states they have a cocaine problem and need a month off to go into rehab. Are you then going to fire them for illegal drug use?