GAMBLING and FMLA

fastabby · May 2001

Had an employee on a final warning for absenteeism. He missed one day then showed up to work drunk the next day and was sent home. Said he had been up all night and day with friend gambling. Both days counted against him in determining his absent rate and was terminated. He then requested leave for his gambling under the FMLA?????. Six hours after being term'd he was put in hospital for trying to commit suicide. KNow wants his job back under FMLA protection. State Labor Dept. agrees with him. ANY COMMENTS

CuriousG · May 2001

I think I would want to know which of the job's essential functions this employee's compulsive gambling makes him incapable of performing? I also would require a Health Care Provider's Certificate of Need to verify that the condition, if it does fall within FMLA, requires the employee to be absent from work to receive treatment.

Also, what would your normal discipline be for reporting to work drunk? Most places I have worked would have counted that as a terminable offense under their standards of employee conduct.

Frenchie · May 2001

I find it difficult to believe that gambling would be considered a serious health condition as defined by FMLA. Also, since he had already received a final warning on absenteeism, and I'm assuming never mentioned the need for FMLA leave during prior attendance counseling sessions, I don't believe he can request it now that he is terminated. I will be interested in knowing how this all works out.

Jane Reddin AZ · December 2001

My best guess would be that the guy is going to claim depression (hospitalization for suicide attempt usually means they have a serious mental impairment of some sort). . . and then, which came first, the depression, the drinking or the gambling? Unfortunately you will probably never be able to sort that out with enough precision to prove he is not entitled to FMLA time. .. but good luck if you can!

Roberta · December 2001

It seems that his absenteeism is the issue. What were the previous factors leading up to the "final warning"? Are any of the listed issues (ie alcoholism, gambling, verifiable serious illness) applicable? Is there any other documentation? Final thought, how would the regulating body handle its own employees in this situation? I would like to know that--keeping someone who has reported to work intoxicated and with chronic absenteeism.

GAMBLING and FMLA

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