By Susan Schoenfeld, JD
Recent statistics from the National Institute on Alcohol Abuse and Alcoholism reveal that 16.6 million adults aged 18 and older have an alcohol use disorder, including 10.8 million men and 5.8 million women. Many of these adults are also employees, raising the issue of what an employer must do to address issues of alcoholism in its workforce.
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Under the FMLA, alcohol or other substance abuse may be covered if one of the tests for establishing a “serious health condition” as defined by the FMLA is met.
However, FMLA leave may be taken only for treatment of substance abuse by a healthcare provider, or by a provider of healthcare services on referral by a healthcare provider. Absence due to the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave. This distinction is important.
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