FMLA also covers childbirth and military members on covered active duty. Does FMLA cover behavioral therapy services like medical detox, inpatient rehab and outpatient treatment? In short, yes. The U.S. Department of Labor states:
“FMLA leave may only be taken for substance abuse treatment provided by a healthcare provider or by a provider of health care services on referral by a health care provider. Absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave. The employer may not take action against the employee because the employee has exercised his or her right to take FMLA leave for substance abuse treatment. However, if the employer has an established policy, applied in a non-discriminatory manner, that has been communicated to all employees, and that provides under certain circumstances an employee may be terminated for substance abuse, then pursuant to that policy the employee may be terminated regardless of whether he or she is presently taking FMLA leave.”
Basically, this means while you are not required to tell your employer about the reasoning behind your leave, if you are found intoxicated on the job you are at risk of termination, especially if you signed a contract when you were hired agreeing to avoid using mood and mind altering substances in the workplace. At Guardian IOP we are available to walk you through the entire process of taking an FMLA-protected leave of absence from start to finish. today to learn more.