ADA and alcoholism on the job - Need quick response

GLC

Last Thursday at a retirement luncheon, the manager of the retiring ee came to the lunch drunk. As soon as he came in, he fell on the floor. People sitting near him picked up on it eventually that he had been drinking because his speech was slurred. I was on the other end of the table and did not hear him speak. Quite frankly, I did not think much of him falling because we've not had problems with him drinking on the job. Come to find out, his staff had been suspecting for some time that he had been drinking on the job for some time but failed to tell sr. mgmt. His boss and I went to his office to confront him after the luncheon because many of his staff called me out of concern. One of his staff even drove him back to the office. This mgr. finally admitted that he had relapsed and starting drinking again and abusing prescription drugs because of an injury to his body. He is a former alcoholic, been clean for 10 years. However, he continued to deny that he had been drinking on the job. We were going to drug test him but did not. We do have a drug-free workplace policy that he violated so I suspect he thought he would be fired. We called our mental health provider, and he went in for an assessment today. These are my questions:

1. If he goes in for inpatient stay, wouldn't that be FMLA?

2. I have read conflicting things on the ADA and recovering alcoholics. Are these statements true? Even though he is a recovering alcoholic, he can be fired if he is found drinking on the job. We just can't fire him for BEING a recovering alcoholic. He has to violate some company policy.

3. Is there any other reason we could not fire a recovering alcoholic or any recovering addict for that matter because of the ADA.

4. Since he violated our drug-free workplace, did the ADA prevent us from firing him?

LivindonSouth

Is there an echo in here?