Legal Question in Disability Law in Ohio

Re: alcohol abuse

The Americans with Disabilities Act ("ADA") provides protection to "individuals with disabilities" who meet a statutory definition - "has a physical or mental impairment that substantially limits one or more major life activities". Once a person receives ADA protection as an "individual with a disability" as defined by the ADA, then the employer has the affirmative obligation to provide reasonable accommodation(s) to the employee to allow him or her to have an equal employment opportunity.

An alcoholic or substance abuser receives such protection ONLY if they are no longer using/abusing alocohol or drugs AND is enrolled or has enrolled in a substance abuse/treatment program. In other words, the ADA does not provide protection to current users.

The ADA does protect a person seeking treatment. So, if you are seeking treatment and need to take time off to do so, the ADA provides you with support to enroll in a treatment program. A "leave of absence" (whether or not counted as FMLA) is an ADA reasonable accommodation.

Therefore, it is likely you may have ADA protection and should request an "ADA reasonable accommodation of time off to seek medical treatment" to your employer verbally or in writing (preferred).