I see. Thank you for clarifying the situation for me, Barry.
While an employer is not typically required to accommodate active alcoholism by providing time off to an affected employee, where the employee seeks treatment, the time required off for treatment can be requested under the ADA and FMLA. However, it is normally up to the employee to specifically request such an accommodation or leave.
It is also required under the FMLA and ADA that an employer inform employees of their rights provided by these statutes, usually in a common area of the employer's work site, such as a break room. If the employer did not provide such a notice to employees, then that could provide grounds for your wife to file a complaint under both of these statutes if she can show that she would have requested such leave/accommodation if she had been informed of her rights.
To make such claims, it would be best for her to retain an experienced employment law
attorney to represent her. The ADA complaint will require a charge being promptly filed with the EEOC
first typically in order to preserve her rights. Under the FMLA, she can also file suit in federal court against the employer for failing to inform her of her rights and permit her to request FMLA leave for her serious health condition.
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