Drug Addiction

2284103 · July 2004

Would an employee qualify for FMLA for the spouse's drug addiction?

hhaynal · July 2004

I would think your answer would be found from an analysis of what the FMLS considers a "serious health condition." Is drug addiction a "serious health condition"? I don't know. Perhaps a reading of Congress' intent and recent caselaw would give you that answer. Sorry I could not be more helpful.

Don D · July 2004

Under 29 CFR 825.114, this statement appears among many, as defining a serious health condition: "Substance abuse may be a serious health condition..... 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 language in that part of the act is directed at THE EMPLOYEE, rather than a spouse. However, if a spouse were in treatment, I could see that we should stretch that over to a spouse whom a physician might recommend attend a group meeting in the treatment program or the graduation ceremony at the conclusion of the treatment.

I do not see that it would include a spouse being off to be at home with the 'recoveree' after treatment. If the physician determines, though, that there is continuing mental illness or depression, for example, following treatment, then the physician may state that the spouse is needed to meet psychological needs. To me, this gets kind of doubtful.

Remember that in a case where your employee requests to be off to care for a family member, your form has, or should have, a space for the employee to state specifically what care they will provide. I would not approve "Staying home with my wife to be sure she don't use no drugs."

2284103 · July 2004

Thanks Don D. I know I can always count on you for logical advise.
KathyD

marc · July 2004

If the treating physician indicates the spouse is needed to care for the addict during recovery treatment, then you have an FML event. In my opinion, this would be unusual, but the Doctors seem to find a way to fit lots of things under the FML umbrella. Perhaps the Dr will think the spouse needs to hold the addict down during dilerium tremors or some such or to make sure lots of OJ gets into their system. The service provider will need to make the case in the DOL certification document.

2284103 · July 2004

Thank you. Does it matter if the addiction is to prescribed drugs or illegal drugs? It seems I've heard comments that go both ways.

marc · July 2004

It is not the drugs per se, it is the resulting medical condition that might require the spouses help.

Don D · July 2004

Interesting question. I think it matters to some of us, but only as a moral consideration, which is inappropriate in my view. I do not agree that a person in treatment would need a spouse for the purpose of holding them down or for any other reason. People in treatment are well supervised and cared for and busy throughout the day. Visits are sometimes allowed but family is not included in the hand-on treatment plan unless there's something I'm not familiar with. I've worked with these programs for years in job-match and job-development situations. Can you tell us what the employee indicated they might do or what benefit might be derived by the addict?

2284103 · July 2004

We haven't been given the details, yet. At this point, the employee simply asked the supervisor if a spouse's drug addiction would qualify under FMLA.
We are responding that it is possible, but we would need to know what the treating physician says, if he/she thinks it is necessary for the employee to care for the spouse and what the employee would be providing for care.

dchr9203 · August 2004

Only if the drug addicted spouse is incompacitated and unable to care for themselves.

Drug Addiction

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