Is treatment for substance abuse covered by the FMLA?
Substance abuse may be covered by the FMLA if the elements of the definition of a serious health condition are satisfied, based upon a case-by-case analysis. However, FMLA leave may only be taken for treatment for substance abuse provided by a health care provider or by a provider of health care services on referral by a health care provider. On the other hand, absences because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.
