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My wife worked for a company for several years and admitted

to her employer that she...
My wife worked for a company for several years and admitted to her employer that she is an alcoholic. On Tuesday June 4th she called work and reported that she could not come in. On Wednesday she called and asked to be placed on short term sick leave. On Thursday she was requested to be at a meeting at the employer. She told them she would be unable to attend because of her alcohol problem and was seeking treatment. On Thursday she called a rehab center and requested to be admitted. She was admitted on Friday June 7th. She was terminated on Wednesday June 6th. Is she entitled to short term disability or FMLA?
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Answered in 2 minutes by:
7/15/2013
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your wife's difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Does the employer have at least 50 employees, or at least 20? Has she worked for at least 1,250 hours over the past calendar year? Did she request FMLA leave or an accommodation under the ADA? If so, when did she request either of these protections?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

More that 50 people. Did not ask for FMLA but short term sick leave under a policy she had through work. She asked for the leave on Wednesday June 5th I believe

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.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified
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Customer reply replied 4 years ago

Appreciate your clarification on that. Judging by the size of the company they have more than one location that information is displayed for FMLA and ADA. With that said I believe the only recourse is to ask for FMLA now and not to expect too much. Thank you for your time

Hello again, Barry.

Yes, if the employer is in compliance with the federal notices required, then it would normally be up to your wife to invoke her rights by requesting an accommodation/leave time. If the employer denies the request, then she could pursue legal action against them.

You are very welcome and all the best to you and your wife!
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Thanks again and all the best to you.

Tina

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