Legal Question in Disability Law in Maryland

can you use the Family Medical Leave for yourself to go into a drug rehab


Asked on 11/16/10, 5:43 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Yes. Here's what the U.S. Department of Labor says:

The Family and Medical Leave Act of 1993 (FMLA) applies to all public agencies and private-sector employers who employ 50 or more employees in 20 or more workweeks.

Employees who are eligible for FMLA benefits must:

* Work for a covered employer;

* Have been an employee of the covered employer for a total of 12 months;

* Have worked for the employer for at least 1,250 hours over the previous 12 months; and

* Work at a location in the United States or in any United States territory where the employer employs at least 50 employees within 75 miles.

FMLA affects drug-free workplace programs, because a covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period when the employee is unable to work because of a serious health condition.

A serious health condition includes:

* Any period of incapacity or treatment connected to inpatient care such as substance abuse treatment, or

* Continuing treatment by a health care provider, which includes any period of incapacity (i.e., inability to work) due to a health condition (including treatment thereof, or recovery from) lasting more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition.

******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 11/27/10, 5:51 am


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