Legal Question in Disability Law in California

Re: What accomodation is given for rehab?

Alcoholism is a protected disability under the Americans With Disabilities Act, but, that only means anything if he is able to do his job. Obviously, he can't if he is in the hospital.

He only has one potential problem, here. If he has already used up all sick leave and vacation, he could be fired at any moment. It is imperative that the FMLA/CFRA request be submitted IMMEDIATELY!

However, if it is serious enough to require hospitalization, he is entitled to up to 12 weeks unpaid leave of absence under the Family and Medical Leave Act and the California Family Rights Act. He is also entitled to exhaust paid vacation and sick leave during this period.

To protect his job, he really needs to apply for such a leave. All he really needs is a certification from his doctor that he needs leave for a "serious health condition". This will protect his job, so he should do that immediately. Just have him tell his doctor he needs an "FMLA/CFRA" certification and send it to his employer with a request for leave.

I would add that many large employers actually have "employee assistance programs" where they might actually pick up some of the cost of this kind of treatment and rehabilitation. They are not required to, but many companies find it in their business interests to assist employees with substance abuse problems. He should look into that, too, and not be fearful of the embarrassment or feel ashamed.