substance abuse rehab

Irie

If you have an employee attending outpatient rehabilitation for illegal substance abuse, would this qualify as FMLA?

I know if they are attending for alcohol abuse this would qualify for FMLA but I'm not sure about rehab for illegal substance abuse. Thanks.

HR Jones

Substance abuse is covered under FMLA as per the information below.

(d) Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.

The full article can be found at [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm[/url]

Hope that helps!

Irie

Thanks. Yes it helps and I guess it's covered.