Alcoholism or what??

H-E-L-P!!
I have an employee of 15yrs. tenure, good worker, great talent, 2nd lead in our automotive paint dept. who has screwed up his life by getting his 3rd DWI. He has been given a 120-day stay at a correctional facility, but being housed in a building there that houses drug and alcohol offenders; it's some kind of rehab, but it is NOT a 'medical' facility, and he is being placed there through the court system by a judge (not a doctor). He admittedly says he is not an alcoholic, has not been diagnosed as an alcoholic, has never been to rehab, and is not perceived to be one by anyone that he's aware of. MY QUESTION: We want to hold his job while he is away, however, we don't feel that we can issue LOA because we don't want to set a precedence for everyone that is incarcerated. I do not believe FMLA or ADA comes into play since he's been 'dry' since last April and hasn't asked for consideration under either of these laws. Would I be better off to terminate him during this 4-month period and rehire him when he's finished serving the 120 days?

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