Legal Question in Disability Law in Maryland
can you use the Family Medical Leave for yourself to go into a drug rehab
1 Answer from Attorneys
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.*******