Do FMLA rights kick in before alcohol rehab…or at check-in? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Do FMLA rights kick in before alcohol rehab…or at check-in?

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Employees with “serious health conditions” can take FMLA leave. But when does that serious condition take effect for employees who need alcohol treatment? Is it when the employee first contacts a doctor to get a referral for in-patient treatment … or is it at the time of check-in? Can you fire an employee for absenteeism prior to going in to rehab? One court ruling last week says you can:

Case in Point: An Indiana food company had a point-based absence system that called for termination after workers accumulate 32 points. The company didn’t count absences related to FMLA leave.

Krzysztof Chalimoniuk, a baker at the company for 15 years, had wrested with alcoholism for some time. One Friday, he went on a major binge. He failed to appear at work for the next three days, which pushed him over the 32-points limit.

Over that binging weekend, Chalimoniuk’s wife realized he was relapsing and contacted a...(register to read more)

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{ 1 comment… read it below or add one }

Johnclave February 17, 2011 at 12:31 am

FMLA leave is a right of all especially those who are going to be parents. i have heard that in Canada the one who is pregnant can take a leave of more then 9 months and they are paid for that period of time also the husband gets the same FMLA leave this is something that i really liked about canadians. in most of the places the FMLA leave is not more than 2 months and also they are not even paid for that particular period


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