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Prescription drug overdose & FMLA

joanniejoannie 2,294 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Opinions please, O Learned Ones.

Part 1: Assuming the ee meets FMLA time & service requirements, would an employee who overdoses on 2 prescribed medications and alcohol and is admitted to a hospital for treatment be entitled to FMLA protection?

Part 2: How would ADA play into a termination decision?


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  • LindaSLindaS 1,510 Posts
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    You should provide the EE with the requisite paperwork and make a determination after receiving the completed papers. That being said, if it comes back that the EE is, indeed, hospitalized, this would qualify for FMLA protection so long as all other condition are met.

    As for ADA, they would only be covered for treatment. Any absences related to their using would fall under your normal attendance policy.
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